
This is a post by Diego M. Papayannis (University of Girona).
Most lawyers would agree that private law is not supposed to be distributively fair. It is, after all, the area of law in which we are allowed to act in our own best interests, provided we do not wrong others in the process. So, when someone points out that private law is insensitive to pre-existing social inequalities, and that it actively generates new ones, the most frequent response is to gesture toward welfare programmes: that is what they are there for. But is this good enough? Does it meet the requirements of justice?








