Private Law for Human Flourishing: Rethinking Justice in Everyday Relations by Integrating Vulnerability and Capabilities into Private Law Theory

Private law governs the everyday interactions between individuals and businesses—how we make agreements, resolve disputes, and secure basic goods. Traditionally seen as separate from public law and social justice, private law is now increasingly shaped by constitutional values, especially in societies like South Africa that are reimagining themselves after periods of upheaval. This project explores how private law can be rethought as a tool for advancing human flourishing. It draws on South African legal developments and integrates insights from vulnerability theory and the capabilities approach—two frameworks that emphasise human interdependence, dignity, and agency. By doing so, the project aims to move beyond longstanding divides in private law scholarship and offer a fresh understanding of how law pursues interpersonal justice. The research also considers how this new perspective can inform responses to emerging challenges, such as digital technologies and socio-economic rights. Ultimately, it seeks to show how private law can contribute to building a more just and resilient society.