Not so Different: Redistributive Private Law versus the Myth of the Superiority of Public Law. Part I

Abstract

According to conventional wisdom private law should be excluded from redistributive policies. Redistribution of resources should be carried out by tax law and public spending. In this paper, I argue that private law can contribute to redistributive goals in a significant way. Against the usual objections, I try to show that some of its rules, especially those relating to tort law and contracts, are not particularly ineffective or inefficient as compared to public law alternatives. This being the case, the rejection of private law as proper means for the implementation of redistributive policies is unwarranted.