Private Law and Power

Private Law and Power

by Ross Grantham, Simone Degeling, Karen Fairweather, Kit Barker

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About
The aim of this edited collection of essays is to examine the relationship between private law and power - both the public power of the state and the 'private' power of institutions and individuals. It describes and critically assesses the way that private law doctrines, institutions, processes and rules express, moderate, facilitate and control relationships of power. The various chapters of this work examine the dynamics of the relationship between private law and power from a number of different perspectives - historical, theoretical, doctrinal and comparative. They have been commissioned from leading experts in the field of private law, from several different Commonwealth Jurisdictions (Australia, the UK, Canada and New Zealand), each with expertise in the particular sphere of their contribution. They aim to illuminate the past and assist in resolving some contemporary, difficult legal issues relating to the shape, scope and content of private law and its difficult relationship with power

Discussion questions for Private Law and Power

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  1. 1

    How do the essays in this collection challenge the traditional dichotomy between public law (governing state power) and private law (governing relations between individuals)?

  2. 2

    In what ways do contemporary private law doctrines successfully limit or moderate the abuses of "private" power wielded by large corporations or institutions, and where do you see the most significant gaps?

  3. 3

    When you think about your daily life, contracts you sign, or employment agreements you enter, how aware are you of the inherent power imbalances at play, and does the law do enough to protect the weaker party in these scenarios?

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