Alan Brudner, ‘The Rise and Fall of Private Law – Reciprocal Freedom: Private Law and Public Right (Ernest J Weinrib)’

Reciprocal Freedom: Private Law and Public Right, Ernest J Weinrib. In Reciprocal Freedom, Ernest Weinrib brings the ideas he introduced in The Idea of Private Law to a consummate precision, while situating them within a comprehensive liberal republic ordered to freedom in its several meanings. As those familiar with Weinrib’s work will know, his theory of law is avowedly Kantian. It does not, however, follow Kant’s account to the letter. Most noticeably, it veers from Kant’s account of redistributive taxation, giving us, instead of transfers to the destitute for the sake of civil order, a full-scale welfare state grounded in human independence …

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Alan Brudner, The Rise and Fall of Private Law – Reciprocal Freedom: Private Law and Public Right (Ernest J Weinrib), Canadian Journal of Law and Jurisprudence, volume 37, issue 1, February 2024, pp 323-341. Published online by Cambridge University Press: 18 October 2023.

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