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

See all articles by Nicolette M. Priaulx

Nicolette M. Priaulx

Cardiff University; Cardiff University - Cardiff Law School

Date Written: July 8, 2013

Abstract

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

Priaulx, Nicolette M., Negligence is Negligence: Implications for an Egalitarian Agenda (July 8, 2013). Private Law Theory, THE PUBLIC LIFE OF PRIVATE LAW SEMINAR SERIES 2013. Available at SSRN: https://ssrn.com/abstract=2307455 or http://dx.doi.org/10.2139/ssrn.2307455

Nicolette M. Priaulx (Contact Author)

Cardiff University ( email )

PO Box 427
Cardiff, Wales CF10 3AX
United Kingdom

Cardiff University - Cardiff Law School ( email )

PO Box 427
Cardiff, Wales CF10 3AX
United Kingdom

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