V. VULNERABILITY AND PRIVATE LAW THEORY
Until recently private law theory outside of the realm of law and economics scholarship has been fragmented.105 For example, torts scholars have pursued explanations of their field based on ideas of corrective justice. 106 With a few exceptions, this work has had little influence on contract theorists.107 Rather, these scholars have focused their attention on concepts such as consent or promissory morality.108 In this fragmented view of private law, differing areas of substantive law pursue essentially unconnected aims and respond to independent problems and concerns. The focus on the substantive normative basis for tort and contract thus raises the question of whether there is any broader unity to private law and, if so, what concepts provide this unity.