history of the private law exception, tracing its evolution within two
Part I will explain why the definition of private law is critical to
understanding the scope of any private law exception.
Part I will argue that the contemporary private law exception should be
Ineffectiveness: A combination of conceptual-normative difficulties, factual uncertainty, and structural and systemic limitations arguably prevents private law from promoting the distributive result desired by society.
Excessive cost: According to this argument, it is undesirable to try and promote equality by means of private law since such an attempt comes at the cost of other private law goals.
My approach to private law is instrumentalist, pluralist, egalitarian, and contextual.
I focus on the claim that promoting equality by private law is too costly when set against the consequent loss of predictability and liberty.
infiltrated private law, initially in private law relationships between
private law, (11) and from private law to public law.
administrative and private law created our constitutional law.
constitution or in a basic law--apply directly in private law, and