This article introduces and examines the idea of ‘socialisation’ in private law. ‘Socialisation’ denotes the increasing inculcation of private law fields with wider concerns beyond protection of individual primary rights and interests, which are the traditional subject of the law’s protection, such as a party’s right to performance of agreed contractual terms or rights in person and property in tort. Wider concerns include interests of others, sections of the public or the public as a whole, and social norms and expectations. The article is thus not concerned with the evolution of, or changes in, private law in general. But with interrogating a particular kind of change: recalibration of private law fields, specifically those traditionally organised around protection of primary individual rights, through changes to doctrinal norms and methods, to take greater account of, and afford greater weight to, wider concerns …
Jason NE Varuhas, ‘The socialisation of private law: balancing private right and public good’ (2021) 137 Law Quarterly Review (January) 141-169.