Should New Zealand Shirk its Obligations? A Critical Perspective on Private Law Scholarship

(2016) 47 VUWLR 429

14 Pages Posted: 25 Oct 2017

See all articles by Bevan Marten

Bevan Marten

Victoria University of Wellington School of Law

Geoff McLay

Victoria University of Wellington - Law Faculty

Date Written: April 20, 2016

Abstract

This article concerns the role of the private law scholar in New Zealand, and how such scholars use their skills to improve the law. It argues that while an obligations scholar's preference may be to engage with the courts and other academics in their scholarly activities, a focus on statutory reform better suits New Zealand conditions. Scholars should share their talents with policy makers, law reform bodies and legislators, helping to explain the importance of a coherent system of private law, and how this may be achieved. The authors then go a step further by suggesting that, in the New Zealand context, the preferable approach to reform may be one involving policy-based solutions exemplified by the accident compensation scheme, as opposed to approaches based on traditional private law principles such as party autonomy.

Keywords: Obligations, New Zealand, private law

JEL Classification: K12, K13

Suggested Citation

Marten, Bevan and McLay, Geoff, Should New Zealand Shirk its Obligations? A Critical Perspective on Private Law Scholarship (April 20, 2016). (2016) 47 VUWLR 429, Available at SSRN: https://ssrn.com/abstract=3058460

Bevan Marten (Contact Author)

Victoria University of Wellington School of Law ( email )

PO Box 600
Wellington, 6140
New Zealand
0064 4 463 6321 (Phone)

HOME PAGE: http://www.victoria.ac.nz/law/about/staff/bevan-marten

Geoff McLay

Victoria University of Wellington - Law Faculty ( email )

PO Box 600
Wellington 6140
New Zealand
64 4 4636320 (Phone)

HOME PAGE: http://www.victoria.ac.nz/law/staff/Academic%20Staff/AssocProfs/McLayG/index.aspx

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