“New Private Law Theory” as a Mosaic: What Can Hold (Most of) It Together?

Abstract Stefan Grundmann, Hans Micklitz, and Moritz Renner’s New Private Law Theory: A Pluralist Approach is a wide-ranging, ambitious, fascinating project. In this article I offer one way to read the NPLT as mosaic, rather than patchwork, by first taking seriously idea of legal theory core NPLT’s methodological commitments, second its subject matter private law source substantive underpinnings. Legal theory, argue (much in line with GMR’s rich text), distinctive from other discourses about given acute awareness law’s normative filter, which furthermore implies synthetic commitment that these do not share. But should also, claim, be attentive constitutive role plays constructing building-blocks many our interpersonal interactions, it thus particularly cautious relying on philosophical or social scientific inquiries take contingent configurations property contract given. This lesson, turn, crucial for contemporary discussions obligations go beyond libertarian duty non-interference. Rather reifying conceptions resorting exogenous justifications non-discrimination accommodation, can—and indeed should—rely happier institutions, vindicate freestanding significance also validate their transnational applicability.