Negligence is negligence: implications for an egalitarian agenda [Blog]

Priaulx, Nicolette ORCID: https://orcid.org/0000-0002-4210-1980 2013. Negligence is negligence: implications for an egalitarian agenda [Blog]. The Public Life of the Private Law 2013 (10 Jul)

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Abstract

This short paper explores the significance of the "constitutionalism of private law" through the lens of developments in the context of the tort of negligence. Drawing a distinction between legal egalitarianism and social egalitarianism, the author notes that in the former respect the greater convergence of human rights and private law might be regarded as a welcome development; in respect of social egalitarianism, however, the author argues that given the way that the tort of negligence operates in practice, which in itself is a pretty limited vehicle for social justice, constitutionalism of private law as it speaks to negligence, is bound to also promote the most negligible contribution to social justice.

Item Type:	Article
Date Type:	Publication
Status:	Published
Schools:	Law
Subjects:	K Law > K Law (General) K Law > KD England and Wales
Additional Information:	The Public Life of Private Law (An ESRC Seminar Series)
Last Modified:	23 May 2023 18:11
URI:	https://orca.cardiff.ac.uk/id/eprint/50208

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