‘ “Private Law” is an Oxymoron’

“John Goldberg and Henry Smith at Harvard have geared up a new blog dedicated to private law, in the process generating questions from Matt Bodie and Steve Bainbridge, among others, about the definition of private law. I need to be careful here because I am close to invoking the W word (Austin Sarat told me once it was a Woody Allen like moment when I just happened to pull Philosophical Investigations out of my briefcase at a conference, so I’m going simply to post a picture). First, I’m a definition skeptic …” (more)

[Jeff Lipshaw, The Legal Whiteboard, 7 May]

‘Private Law – A Response to Lipshaw’: “There is plenty to argue about on the question of what properly falls under the heading of private law. Jeffrey Lipshaw, however, goes further in a recent post suggesting that the idea of private law is ‘oxymoronic’ in the same way that the idea of a private language is oxymoronic …” (more)

[John Goldberg and Henry Smith, New Private Law, 7 May]

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