5 5.1 Theoretical Introduction Private law encompasses a set of regulations that govern the resolution of conflicts between two private entities, be it individuals or corporations, who engage in legal action against each other due to the alleged infliction of harm or loss. Common instances of disputes adjudicated within the purview of private law include contractual breaches, tortious acts, infringements upon property rights, and instances of unjust enrichment at the expense of oth- ers. This demarcates private law from public and criminal law, wherein legal disputes arise between individuals and the state. Such scenarios materialize, for instance, when the state prosecutes a criminal offender or initiates legal proceedings against an individual for the fulfillment of their tax obligations. Private law theory seeks to analyze the underlying principles and theoretical foundations of the diverse legal disciplines that comprise private law. Among the key inquiries tackled by theorists in this field is the very purpose of private law itself. 1 A broad and simplistic response, such as “the purpose of private law is to adjudicate disputes fairly,” proves inadequate, as it immediately raises the question of how justice should be defined and understood within this specific context. It becomes evident that multiple and potentially conflicting inter- pretations of justice exist, which must be duly considered when determining which should prevail in the realm of private law. Additionally, it is pertinent to explore whether justice stands as the sole relevant value when resolving disputes between private individuals or if other relevant considerations come into play. Another question of relevance is the distinction between the objectives of private law and public law. Does the fact that a conflict involves two private individuals, rather than a conflict with the involvement of the state, impact the considerations that guide the judicial system in establishing the rules for 1 The academic literature on the theory of private law is extensive and diverse. For representative examples, see Coleman, Private Law Theory; Lucy, Philosophy of Private Law; Dagan and Zipur- sky, Private Law Theory; Miller and Oberdiek, Private Law Theory. Throughout the chapter, I will refer to additional literature. Philosophy of Private Law Benjamin Porat DOI: 10.4324/9781003309802-8