Private Law Theory and the Past

28 Pages Posted: 28 Apr 2021

See all articles by Stephen James Bogle

Stephen James Bogle

University of Glasgow - School of Law

Date Written: April 19, 2021


Private law theory plays a role (for better or worse) in the practice of law, whether that be in education or providing criticism, or contextualizing within a broader frame what private law does and why it does what it does. Yet some say that private law theory neglects history while others say that it does not fully capture history’s possibilities. In this paper, I explore what it means to use history in theorizing by exploring how analytical philosophy has engaged with history since the 1960s, suggesting three possible historical avenues of private law theory.

Keywords: Private law theory; legal history; legal methodology; theory of tort law; theory of contract law;

Suggested Citation

Bogle, Stephen James, Private Law Theory and the Past (April 19, 2021). Available at SSRN: or

Stephen James Bogle (Contact Author)

University of Glasgow - School of Law ( email )

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