Private Law Exceptionalism? Part I: A Basic Difficulty with the Structural Arguments from Bipolarity and Civil Recourse
Law & Philosophy (2016), Forthcoming
23 Pages Posted: 25 Nov 2015
Date Written: November 24, 2015
Abstract
Contemporary discussions of private law theory have sought to divine the deep structure and content of private law by reference to two key distinctions. First, the distinction between private and criminal law has been utilized to flesh out the distinctively bipolar structure of private law (and its various departments, namely, property, contract, torts, and unjust enrichment). Second, the distinction between formal and distributive equality has served to highlight the special terms of interaction established in private law. In these pages, I take up the former distinction, arguing that its theoretical significance is overdrawn. I argue that it does not succeed in identifying private law’s precise nature.
Keywords: private law theory, bipolarity, corrective justice, civil recourse
Suggested Citation: Suggested Citation
0 References
0 Citations
Do you have a job opening that you would like to promote on SSRN?

- Citations
- Citation Indexes: 1
- Usage
- Abstract Views: 1010
- Downloads: 204
- Captures
- Readers: 2
- Mentions
- Blog Mentions: 1

- Citations
- Citation Indexes: 1
- Usage
- Abstract Views: 1010
- Downloads: 204
- Captures
- Readers: 2
- Mentions
- Blog Mentions: 1