Nicholas McBride (University of Cambridge - Faculty of Law) has posted Must Private Law Be Private? (Jodi Gardner, Amy Goymour, Janet O'Sullivan and Sarah Worthington (eds), Politics, Policy and Private Law, Volume 1: Tort, Property and Equity (Hart Publishing, 2023)) on SSRN. Here is the abstract:
This paper canvasses four views on the relationship between considerations of the public interest and private law, rejecting the pure view (most associated with Kantian accounts of private law) that the public interest is never relevant, and a hybrid view that the public interest is not relevant to a determination of what private law duties we owe each other but may be relevant to constrain what remedies will be available for breach of those remedies. A different hybrid view is advanced, under which the public interest can limit what private law duties we owe each other and may be invoked as a positive reason for awarding a particular remedy against a wrongdoer.
Recommended.
