Nathan Oman, ‘The Temptation of Cosmic Private Law Theory’

Nicholas J McBride, The Humanity of Private Law, Part I: Explanation, Oxford: Hart Publishing, 2019; Nicholas J McBride, The Humanity of Private Law, Part II: Evaluation, Oxford: Hart Publishing, 2020. It’s a heady time to be a theorist of private law. After decades of vague post-Realist functionalism or reductive economic theories, the latest generation of private law theorists have provided a proliferation of new philosophies of tort, contract, and property. The result has been a tremendous burst of intellectual creativity. While Kant and Hegel have been dragooned into debates over torts and contracts and even such supposedly wooly headed thinkers as Coke and Blackstone have been rehabilitated, there have been fewer efforts to generate natural law accounts of private law than one might expect, particularly in light of the revival of natural law theory in the wake of John Finnis’s publication of Natural Law and Natural Rights

Nathan B Oman, The Temptation of Cosmic Private Law Theory, American Journal of Jurisprudence, Published: 4 December 2021.

First posted 2021-12-06 17:20:32

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