The Humanity of Private Law

The Obligations Group were pleased to host a seminar on Nicholas McBride’s new book, The Humanity of Private Law: Part II (Hart Publishing 2020) on 27 May 2021. This major work makes a bold and original contribution to contemporary debates over the nature of private law. Nicholas introduced the book and discussed its core arguments. Professor Jason Varuhas chaired the event.

Whereas Part I of The Humanity of Private Law identified and articulated a vision of human flourishing that English private law has in mind in seeking to promote its subjects’ flourishing, Part II charts a bold new course for English private law in the twenty-first century. The book argues in favour of a very different account of what human flourishing involves, compared to that conception which currently characterises English private law, and explains what private law would look like were it to base itself on this alternative vision of the nature of human flourishing. The book sets out and evaluates different models of what human flourishing involves, and argues in favour of the view that human flourishing involves being engaged in a quest to lead a truthful life. The book explains in what ways a private law that sought to foster this distinctive vision of human flourishing would be different from English private law in its current state, in particular with regard to: (i) tackling fraud; (ii) promoting freedom of speech; (iii) preserving attention capacities; (iv) protecting people from being subjected to degrading or hateful treatment; and (v) enabling people to make a fresh start in their lives. Finally, the book considers whether and when it would be legitimate for the courts to transform English private law in the ways suggested in this volume.

Part II of The Humanity of Private Law represents a major contribution to private law theory. It will be of interest to anyone who is concerned to understand the contribution private law can make to our living in a society that promotes the flourishing of all its members.

^{Photo by Annie Spratt on Unsplash}