DAGAN AND DORFMAN ON THE VALUE OF PRIVATE LAW

Hanoch Dagan and Avihay Dorfman believe that theoretical work on private law has become too polarized. I think Dagan and Dorfman would agree that their account of private law's "distinctive ground" leaves their thinking closer to the "traditional" pole than to its opposite....

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Bibliographic Details
Published in:Columbia law review 2017-10, Vol.117 (6), p.179
Main Author: Gardner, John
Format: Article
Language:English
Subjects:
Criminal law
Interpersonal relations
Law
Personal relationships
Privatization
Public policy
Values
Online Access:Get full text
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Summary:Hanoch Dagan and Avihay Dorfman believe that theoretical work on private law has become too polarized. I think Dagan and Dorfman would agree that their account of private law's "distinctive ground" leaves their thinking closer to the "traditional" pole than to its opposite. Specifically, they agree with the "traditionalist" in portraying private law's contribution as an (a) noninstrumental and (b) indispensable contribution to (c) a valuable framework of interpersonal relationships, a framework the value of which also (d) does not rest on values other than the core liberal values that they list.
ISSN:0010-1958
1945-2268