Private Law Theory

“Autonomy has long stood as the central pillar of conventional scholarship in private law. Much of private law, as depicted in these accounts, is built around the ideal-typical vision of autonomous agents as the relevant legal subjects, and frequently, private law is also claimed to realize and enhance autonomy. The assumption of the existence and desirability of autonomous agents and agency appears to be shared by widely diverging approaches to private law. Private law’s autonomy-paradigm is, however, increasingly challenged by alternative theoretical accounts of the field …” (more)

First posted 2018-12-10 16:29:27