Private Law Theory

McBride, Nicholas, The Humanity of Private Law, Part I: Explanation, Oxford: Hart Publishing, 2019, xviii + 272 pp, hb £80.00. The concept of wellbeing is not a complete stranger to private law concepts. For example, the notions of ‘harm’, ‘interest’, and ‘rights’ that are relied upon in theories of tort, contract and property law, have natural underlying recourse to the notion of wellbeing: harm comprises a setback to wellbeing; an interest is an aspect of wellbeing; and rights (understood according to the ‘interest theory’) promote interests. It is therefore surprising that no‐one to date has written on the relationship between private law and wellbeing. At least, that was the case prior to McBride’s new book … (more)

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Yan Kai Zhou, ‘McBride, Nicholas, The Humanity of Private Law, Part I: Explanation, Oxford: Hart Publishing, 2019, xviii + 272 pp, hb £80.00′, Modern Law Review. First published: 19 February 2020. https://doi.org/10.1111/1468-2230.12519.

First posted 2020-02-21 06:53:11