Two Questions for Private Law Theory

42 Pages Posted: 17 Sep 2019

See all articles by Felipe Jiménez

Felipe Jiménez

University of Southern California - USC Gould School of Law

Date Written: September 12, 2019

Abstract

How should we build theories of private law? This article claims that, in answering this question, we should keep in mind the distinction between wholesale questions about the best interpretation or justification of legal institutions, and retail questions about their internal operation—in other words, the distinction between questions about legal institutions and questions within them. This distinction has been obscured in recent private law theory. In this article, I argue that, if we want to make progress in understanding private law, we should reclaim the distinction.

Suggested Citation

Jiménez, Felipe, Two Questions for Private Law Theory (September 12, 2019). Available at SSRN: https://ssrn.com/abstract=3452909

Felipe Jiménez (Contact Author)

University of Southern California - USC Gould School of Law ( email )

Los Angeles, CA 90089
United States

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