The Temptation of Cosmic Private Law Theory

Nicholas J. McBride, The Humanity of Private Law, Part I: Explanation Oxford: Hart Publishing, 2019 II: Evaluation 2020 It’s a heady time to be theorist private law. After decades vague post-Realist functionalism or reductive economic theories, the latest generation law theorists have provided proliferation new philosophies tort, contract, and property. result has been tremendous burst intellectual creativity. While Kant Hegel dragooned into debates over torts contracts even such supposedly wooly headed thinkers as Coke Blackstone rehabilitated, there fewer efforts generate natural accounts than one might expect, particularly in light revival theory wake John Finnis’s publication Natural Law Rights.1 To...