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But I do not want to dwell on such minor quarrels, because, as I have already made clear, I agree with Waddams' central theme, namely, the complexity of private law and the general failure of categorization. In the rest of this essay, I first set forth and expand upon but one of Waddams' many examples to illustrate his thesis. Then i briefly discuss some questions that Dimensions of private Law inspires: (1) In light of its inadequacies, what accounts for the popularity of conceptualizing private law?(2)What are the ramifications of the reality that private law is complex and multidimensional? (3)What new approaches to the study of decision making may shed light on the judicial process when judges confront multidimensional problems? An Example of Private Law,s Many Dimensions Waddams is careful never to claim that every case is complex. Rather, his strategy is to demonstrate that courts utilize a combination of concepts, principles, and policies to resolve many cases in so many different contexts that the reader cannot help but distrust any map of private law 20 In this section, I shall look at one example, to illustrate what Waddams shows over and over again. Because of the breadth of Dimensions of Private Law, Waddams does not spend much time on the problem of judicial policing of contracts for unfairness 21 Nevertheless, it is an excellent example of the complexity and many dimensions of private law Categories have"failed to account for many actual judicial decisions .. "Id at vi [ COurts, in attempting to accommodate 'life in all its untidy complexity, have in many cases not derived their conclusions from pre-existing conceptual schemes or maps. Id. at 3. The preceding chapters have drawn attention to a number of issues the resolution of which has not conformed to simple accounts of private law.. [S]uch cases have been neither infrequent, nor, from the point of view of the parties or of the public, insignificant. " Id at 223 21 See id at 1645 But I do not want to dwell on such minor quarrels, because, as I have already made clear, I agree with Waddams' central theme, namely, the complexity of private law and the general failure of categorization. In the rest of this essay, I first set forth and expand upon but one of Waddams' many examples to illustrate his thesis. Then I briefly discuss some questions that Dimensions of Private Law inspires: (1) In light of its inadequacies, what accounts for the popularity of conceptualizing private law? (2) What are the ramifications of the reality that private law is complex and multidimensional? (3) What new approaches to the study of decision making may shed light on the judicial process when judges confront multidimensional problems? I. An Example of Private Law's Many Dimensions Waddams is careful never to claim that every case is complex.19 Rather, his strategy is to demonstrate that courts utilize a combination of concepts, principles, and policies to resolve so many cases in so many different contexts that the reader cannot help but distrust any map of private law.20 In this section, I shall look at one example, to illustrate what Waddams shows over and over again. Because of the breadth of Dimensions of Private Law, Waddams does not spend much time on the problem of judicial policing of contracts for unfairness.21 Nevertheless, it is an excellent example of the complexity and many dimensions of private law. 19 Categories have "failed to account for many actual judicial decisions . . . ." Id. at vi. 20 [C]ourts, in attempting to accommodate 'life in all its untidy complexity,' have in many cases not derived their conclusions from pre-existing conceptual schemes or maps." Id. at 3. "The preceding chapters have drawn attention to a number of issues the resolution of which has not conformed to simple accounts of private law. . . . [S]uch cases have been neither infrequent, nor, from the point of view of the parties or of the public, insignificant." Id. at 223. 21 See id. at 164
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