What Happened to Private Law in the US

24 Pages Posted: 14 May 2024

Date Written: May 9, 2024

Abstract

Scholars associated with New Private Law have made persuasive arguments for the practical benefits of private law and have offered a surprisingly wide range of modern theoretical justifications for the continued role of private law. What is missing is the mechanism by which a thriving body of private legal doctrine can be sustained in a post-Realist legal environment such as the U.S., where determinate rules of common law, enforced through private litigation, no longer play a central role in the legal system.

Keywords: private law, Realism

JEL Classification: K00

Suggested Citation

Sherwin, Emily L., What Happened to Private Law in the US (May 9, 2024). Cornell Legal Studies Research Paper Forthcoming, Available at SSRN: https://ssrn.com/abstract=4822709 or http://dx.doi.org/10.2139/ssrn.4822709

Emily L. Sherwin (Contact Author)

Cornell University - Law School ( email )

Myron Taylor Hall
Cornell University
Ithaca, NY 14853-4901
United States

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