Home - IVR 2024
Private Law Theory and Democracy
Convenors
Alex Waghorn (LSE, United Kingdom) a.c.waghorn@lse.ac.uk
Grigorios Bacharis (LSE, United Kingdom) g.bacharis@lse.ac.uk
Szymon Osmola (LSE, United Kingdom) s.osmola@lse.ac.uk
This workshop analyses the relationship between private law and democracy. Private law, governing relationships between individuals, plays a crucial role in shaping societal structures and influencing the distribution of resources. However, it is sometimes thought that considerations of public policy and distributive justice should play no role in shaping private law’s content. In this workshop, we question that line of thought by investigating some of the following issues and themes:

The place of distributive justice in private law reasoning.
Democratic foundations of private law.
Private law’s role in constructing a functioning democracy.
Conflicts between individual rights and majoritarian norms.
Potential reforms within private law to address issues of economic inequality and distributive justice.
Emerging areas of private law and democratic frameworks of governance
The role of the judiciary and legislature in developing private law norms
Alternative models of private law based on democratic principles
Democracy and the public/private divide
The political economy of private law
Private law and political philosophy

This workshop seeks to explore the intersection of these themes, addressing questions related to individual rights, economic equality, and the overall impact of legal frameworks on societal structures. We welcome submissions on those and other topics related to private law theory in general. Accepted papers shall be presented and discussed during the workshop. A later publication of accepted papers is intended.