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<p>Dagan and Dorfman’s recent book, <i>Relational Justice</i>, offers a normatively-imbued account of private law at the domestic level. In setting out this account, Dagan and Dorfman consider aspects of private law theory that extend beyond the purely domestic context. This transnational sensibility culminates in Chap. 15, which argues for redress for corporate abuses of private persons in the Global South through ‘relational justice’. This expanded focus is a crucial and welcome step for private law theory. However, Dagan and Dorfman’s analysis could engage more precisely with the juridical structure of contemporary public and private international law. Carefully parsing this structure allows us to see why the transnational wrongs they point to occur; why rectifying them in the manner they propose may undermine both legal doctrine and important values in public and private international law; and why their proposed solution—an appeal to the ‘<i>jus gentium privatum</i>’—may be ineffective and somewhat unnecessary.</p>

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Theorizing Private Law Beyond the State

  • 期刊论文

  • 发表日期：

    2026年1月29日

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  • Joanna Langille

摘要

Dagan and Dorfman’s recent book, Relational Justice, offers a normatively-imbued account of private law at the domestic level. In setting out this account, Dagan and Dorfman consider aspects of private law theory that extend beyond the purely domestic context. This transnational sensibility culminates in Chap. 15, which argues for redress for corporate abuses of private persons in the Global South through ‘relational justice’. This expanded focus is a crucial and welcome step for private law theory. However, Dagan and Dorfman’s analysis could engage more precisely with the juridical structure of contemporary public and private international law. Carefully parsing this structure allows us to see why the transnational wrongs they point to occur; why rectifying them in the manner they propose may undermine both legal doctrine and important values in public and private international law; and why their proposed solution—an appeal to the ‘jus gentium privatum’—may be ineffective and somewhat unnecessary.