‘Private Law Theory, Honor, and Related Norms’

“Private law theorists usually adopt morality criteria when assessing the plausibility of a given theory. (For helpful assessment of these criteria, see Stephen A Smith, Contract Theory 13-24 (2004)). That said, private law sometimes incorporates concepts that are hard to square with the standard morality-based pictures of private law. Nathan Oman has recently argued that private law is concerned with honor …” (more)

[Andrew Gold, New Private Law, 29 May]

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