ABSTRACT
Nicholas McBride’s book, The Humanity of Private Law, Part II: Evaluation, which is under review here, follows on from the 2018 publication, The Humanity of Private Law, Part I: Explanation. Taken together, these books offer a comprehensive analytical and normative theory for English private law. In what follows, an overview of McBride’s project is offered before consideration of Part II. Both books have been widely reviewed, and it is already evident that McBride has made an impact on the field. The aim here, then, is to examine what McBride has given to us by providing such a wide-ranging and searching account of English private law. And further pose questions about how a project like McBride’s proceeds. Because for as much as Part II suggests McBride is a Jeremiah of English private law, and arguably for related jurisdictions like Scotland, his project begins to demonstrate where progress could be made.
Bogle, Stephen James, The Humanity of Private Law: A Review Essay (November 30, 2023).
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