The Shock of the Old: Interpretivism in Obligations
STRUCTURE AND JUSTIFICATION IN PRIVATE LAW, p. 205, C. Rickett and R. Grantham, eds., Hart Publishing, 2008
17 Pages Posted: 24 Apr 2011
Date Written: 2008
Anew philosophy is now being urged on those engaged in the study of the law of obligations. This ‘interpretive’ approach is said to represent a significant step forward in understanding, and to save the area from numerous errors - and, indeed, from the risk of intellectual collapse. While this approach is in one sense new, its proponents are clear that they are simply stating openly what a significant body of scholarship has long assumed to be the case. This essay considers the new interpretivism, and works towards an assessment of its products.
Keywords: interpretivism, law of obligations, internal point of view
JEL Classification: K12, K13
Suggested Citation: Suggested Citation