What we owe to one another

What makes private law private? What is its domain? What are the values it promotes? These three key questions are prominently featured on the inside sleeve of the front cover. This analysis of relational justice is divided into five sections, beginning with an exploration of its foundational concepts.

So, what is private law? The first sentence of part 1 describes it as ‘the law of interpersonal relationships’. It becomes evident that the authors are shifting towards the view that private law is what we owe to one another in whatever relationship we have. The theory extends beyond this foundational definition, addressing legal areas such as discrimination and workplace safety.

The book looks at a scenario where a guest at a party, having consumed too much alcohol, drives and crashes into another driver. Current law exempts the host from liability for the guest’s actions, but the authors argue that the host should owe a reasonable duty of care to the injured party.

While the theory moves away from the traditional view of private law as solely focused on negative duties of non-interference, it offers principled guidelines for protecting individuals’ independence. It emphasises that respect for independence is rooted in the ideals of self-determination and substantive equality.

Relational justice theory is attuned to the systemic patterns of disadvantage which are so deeply embedded in our everyday lives they often go unnoticed. Obstacles hinder individuals from marginalised groups in pursuing their life goals and interacting with others as equals.

Having read the book in earnest, some parts twice, I found the arguments presented to be morally compelling and likely to inspire engaging discussions. This book is vital for anyone looking to create a fair framework within the fragmented landscape of capitalism.

Zainab Zaeem is associate director/solicitor at Summerfield Browne Solicitors, Leicester