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The Idea of Private Law - Oxford Scholarship Online
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The Idea of Private Law

Ernest J Weinrib


This book offers a new approach to understanding private law. Rejecting the functionalism popular among legal scholars, the book advances the idea that private law is an autonomous and non-instrumental moral practice, with its own structure and rationality. The book draws on Aristotle's account of corrective justice and Kant's legal philosophy to set out a formalist approach to private law that repudiates the identification of law with politics or economics. It argues that private law is to be understood as a juridical enterprise in which coherent public reason elaborates the norms implicit in ... More

Keywords: private law, Aristotle, corrective justice, Kant, legal philosophy

Bibliographic Information

Print publication date: 2012 Print ISBN-13: 9780199665815
Published to Oxford Scholarship Online: January 2013 DOI:10.1093/acprof:oso/9780199665815.001.0001


Affiliations are at time of print publication.

Ernest J Weinrib, author
Cecil A. Wright Professor of Law, University of Toronto