ABSTRACT
In the recent history of private law theory, the task of restoring interpersonal justice to a position of chief importance has been undertaken by those who draw from the wellsprings of Kantian philosophy. But in defining the domain of interpersonal justice, Kantians have also narrowly confined it. In this article I offer a post-Kantian approach, taking reference from a method well established in political and moral philosophy, but yet to make a comprehensive impact on private law: contractualism. Contractualism anchors what we owe each other in the notion of interpersonal justification, offering a fresh understanding of persons, nexuses and relational reasoning. I show how this approach tackles key questions in private law – its institutions of empowerment, primary entitlements, remedial norms and practices, and the division of labour between public and private spheres – in a manner preferable to Kantian theory.
Zhong Xing Tan, After Kant: A Contractualist Approach to Interpersonal Justice in Private Law Theory, Cambridge Law Journal. Published online by Cambridge University Press: 11 December 2025.
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