Nicholas McBride (University of Cambridge – Faculty of Law) has posted Private Law in the Ruins on SSRN. Here is the abstract:
In this paper I argue four things. First, the Grenfell Tower fire and the response to that fire almost perfectly manifest and expose fundamental problems and disorders that afflict, and are destined to doom, modern Western, liberal societies (‘MWLs’, for short). Second, these problems and disorders mean that private law is unable to achieve its ambition of helping to promote the flourishing of its subjects while maintaining its legitimacy. Third, given this, it may be no surprise that at this particular juncture in history many academics prefer to think of private law not as seeking to promote anyone’s flourishing, but as serving much more limited goals that can be achieved, at least in part, despite the problems and disorders that afflict MWLs. Fourth, we should reject these consoling accounts of private law and honestly confront what (if anything) can be done for private law so that it can fulfil its vocation once more.
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