Policy in private law: an admission of failure

Abstract

The role of policy in Private law is explained by focusing primarily on law of negligence. The article also discusses the distinction between policy and principle in the context of law. 'Principle' refers to the rules found in case law and 'policy' to the reasons for or against those rules. Policy and principle are contrasted in context of the law. Every law claims to be normative and imposes obligations due to which legal academics present them as justified. Justification of Private law by its creators is questioned.<br/