David McIlroy, ‘Review of The Humanity of Private Law – Part II: Evaluation by Nicholas J McBride’

The Humanity of Private Law – Part II: Evaluation by Nicholas J McBride. Oxford: Hart Publishing, 2020, 200pp (£70 hardback). ISBN: 978-1-50-991199-8. In The Humanity of Private Law – Part I: Explanation, Nicholas McBride argued that underlying the rules of English private law is a vision of human flourishing, which he calls the RP (because it is both the ‘received picture’ and the ‘reflective picture’ of human flourishing in the West). McBride tabulates the RP in Humanity of Private Law I at p 107. The RP, he claims, includes not only John Finnis’s basic goods but also a wide range of secondary and tertiary goods. Such goods include goods which are fragile (eg a rewarding occupation) and competitive (eg private property) but the RP asserts that flourishing includes not only possessing these goods but being secure in one’s possession of them. In my review of that book, I examined McBride’s success in his Herculean task of seeking to demonstrate that such a picture can be discerned in the reasoning and assumptions of common law judgments …

David McIlroy, Review of The Humanity of Private Law – Part II: Evaluation by Nicholas J McBride, Legal Studies, https://doi.org/10.1017/lst.2021.34. Published online by Cambridge University Press: 7 June 2021.

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