Philosophy of Private Law

Private law regulates the resolution of conflicts between private entities who engage in legal actions due to alleged harm or loss. Private law theory analyzes the principles and foundations of the various disciplines within private law. One of the key inquiries in this field is the purpose of private law itself, which involves multiple, potentially conflicting interpretations of justice. It is crucial to determine which interpretation should prevail and whether justice is the sole value when resolving disputes between private individuals, or if other considerations are relevant. This chapter explores these issues from the perspective of the Jewish legal tradition. It examines a variety of Jewish law sources in light of contemporary discussions in private law theory, aiming to uncover novel perspectives on both Jewish law and private law theory. The discussion begins with an overview of key questions debated among private law theorists, forming the foundation for examining various issues in Jewish law.