Orthodox Private Law and Social Subordination

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Orthodox private law fails to secure genuine independence for all persons, indicating a significant oversight.
Weinrib's Reciprocal Freedom highlights the conceptual priority of private law over public law and justice measures.
The interaction between private rights and distributive justice is crucial, involving the potential for social subordination.
Failure to integrate distributive justice within private law undermines its legitimacy in addressing societal hierarchies.

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Commentary argues that orthodox private law overlooks distributive justice, suggesting implications for independence.

Diego M. Papayannis (2025) studied this question.

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