Event Date: 22 March 2013
The Institute of Advanced Study
Millburn Hill Road
University of Warwick Science Park
An ESRC Seminar Series
Legal scholarship on the relationship between private law and human rights is dominated by (i) ‘constitutionalisation’; the idea that private law will absorb human rights norms over time (ii) the instrumental use of private law to enforce compliance with human rights norms. But in many respects private obligation stands apart from human rights law, and as an alternative to it, because it encompasses notions of interpersonal care, reliance and responsibility over time (and indeed, of blunt economic efficiency) which may sit uneasily with traditional liberal conceptions of human rights. How should we conceive of the relationship between private law and human rights? In thinking through these problems, our focus will be on the use of private law to seek reparations for human rights abuse.
Carolina Olarte – New property regimes and the function of (corrective) constitutionalism