As If We Were Strangers: From Social Life to Private Law

Forthcoming, Jurisprudence

NUS Law Working Paper No. 2019/006

23 Pages Posted: 11 Mar 2019

See all articles by J.E. Penner

J.E. Penner

National University of Singapore (NUS) - Faculty of Law

Date Written: March 11, 2019

Abstract

This is a review of John Gardner’s From Personal Life to Private Law. The book raises a host of interesting issues, but this review concentrates on Gardner’s discussion of ‘strictly’ and ‘loosely’ relational duties. The main claims of this review are that Gardner overestimates the number of strictly relational duties that arise in private life, and that private law does not, in general, serve to promote or protect the special relationships which underlie strictly relational duties. In this sense private law largely treats us as if we were strangers to each other.

Keywords: John Gardner, Tort law, Private Law, Continuity thesis, Contract law, Relational duties

Suggested Citation

Penner, James, As If We Were Strangers: From Social Life to Private Law (March 11, 2019). Forthcoming, Jurisprudence; NUS Law Working Paper No. 2019/006. Available at SSRN: https://ssrn.com/abstract=3350173 or http://dx.doi.org/10.2139/ssrn.3350173

James Penner (Contact Author)

National University of Singapore (NUS) - Faculty of Law ( email )

469G Bukit Timah Road
Eu Tong Sen Building
Singapore, 259776
Singapore

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