Private Law: Theoretical Perspectives (LAWS50124)

The subject will introduce and engage critically with a number of theoretical perspectives on private law, ie, the law that governs interactions between citizens of the state. With reference to different rules, principles, doctrines and remedies in the law of torts, contract law, the law of unjust enrichment, property law, and the law of equity and trusts, the subject will consider some key theoretical writings on private law and reflect on some debates of contemporary interest in private law theory.

In any given year, topics will vary, but may include some or all of the following:

• Law and economics insights into private law;
• Corrective justice theory and private law;
• Civil recourse theory and private law;
• Perfectionism, value pluralism and private law;
• Liberal, libertarian and communitarian perspectives on private law;
• Is it possible to draw a boundary between public and private law?;
• The place of equity in contemporary private law;
• How, if at all, should private law be classified?;
• Theoretical perspectives on the practices of promising and contracting; and
• Private law and interpersonal trust.