Thinking like a private lawyer

Abstract

In this review essay of their books, Private Wrongs, Corrective Justice, and The Idea of Private Law, I discuss some aspects of the approach to private law (and, in particular, tort law) taken by Arthur Ripstein and Ernest Weinrib. Among the elements of their view that I highlight are: the role of a ‘form of thought’ and its relation to questions of ‘fit’; the centrality of correlative or relational normativity; the particular kind of justification that they take to be appropriate in the context of private law; and the importance of indeterminacy.

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