Right and Advantage in Private Law

14 Pages Posted: 11 Jul 2008

See all articles by Ernest J. Weinrib

Ernest J. Weinrib

University of Toronto - Faculty of Law

Date Written: January 1, 1989

Abstract

Although the model of rights underlies much of private law, the model of advantages dominates most of contemporary legal scholarship. Private law is currently regarded as a system of economic incentives that maximize the value of advantageous occurrences and minimize the cost of disadvantageous ones. The disjunction between the law and the academic effort to understand it suggests one, respect in which Hegel's legal philosophy continues to address current concerns. The treatment of abstract right at the beginning of Hegel's Philosophy of Right is the purest and most uncompromising account of private law from the perspective of right. In this Essay, I wish to illustrate how contemporary scholars - even those who claim to be rights theorists - mistake the significance of private law because they ignore Hegel's abstract right.

Suggested Citation

Weinrib, Ernest J., Right and Advantage in Private Law (January 1, 1989). Cardozo Law Review, Vol. 10, No. 1, 1989. Available at SSRN: https://ssrn.com/abstract=1158619

Ernest J. Weinrib (Contact Author)

University of Toronto - Faculty of Law ( email )

78 and 84 Queen's Park
Toronto, Ontario M5S 2C5
Canada

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