Negligence is Negligence: Implications for an Egalitarian Agenda
Private Law Theory, THE PUBLIC LIFE OF PRIVATE LAW SEMINAR SERIES 2013
9 Pages Posted: 8 Aug 2013
Date Written: July 8, 2013
This short paper explores the significance of the "constitutionalism of private law" through the lens of developments in the context of the tort of negligence. Drawing a distinction between legal egalitarianism and social egalitarianism, the author notes that in the former respect the greater convergence of human rights and private law might be regarded as a welcome development; in respect of social egalitarianism, however, the author argues that given the way that the tort of negligence operates in practice, which in itself is a pretty limited vehicle for social justice, constitutionalism of private law as it speaks to negligence, is bound to also promote the most negligible contribution to social justice.
Keywords: negligence, constitutionailsm, private law, social egalitarianism, legal egalitarianism
JEL Classification: K13, K41
Suggested Citation: Suggested Citation