Private Law Theory

Abstract:
In this paper we argue that rights-based theories of private law individuate the various branches of private law solely on the basis of principles which confer identity on them. In doing so, they fail to take account of the relevance of other principles which are inherent to these areas. We call this ‘the myopic mistake’, and argue using contract law as an example that it leads to distorted conceptions of these areas of law and of the rights and duties that they entail.

Saprai, Prince and Letsas, George, Private Law and Moral Practices Part 1: Contract (December 15, 2011).

First posted 2011-12-15 21:38:03