Private Law Theory and the Past

Bogle, S. (2021) Private Law Theory and the Past. Working Paper. School of Law, University of Glasgow. (Unpublished)

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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 theorising by exploring how analytical philosophy has engaged with history since the 1960s, suggesting three possible historical avenues of private law theory.

Item Type:Research Reports or Papers (Working Paper)
Glasgow Author(s) Enlighten ID:Bogle, Dr Stephen
Authors: Bogle, S.
College/School:College of Social Sciences > School of Law
Publisher:School of Law, University of Glasgow
Copyright Holders:Copyright © 2021 the author
Publisher Policy:Reproduced with the permission of the author

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