Conclusion: the promise of private law
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Conclusion: the promise of private law book
This chapter suggests that the inquiry conducted in this book has something to offer both those interested in the regulation of traffi cking and prostitution and those interested in private law scholarship and theory. Section 10.1 suggests that a private law framework has something to add to anti-traffi cking measures. Such a framework might enhance the protection of victims and the prevention of traffi cking, it is empowering to victims, it might either supplement or supplant criminalisation of clients and might serve as a way to partially transcend the feminist debates about the regulation of prostitution. Section 10.2 suggests that such a framework can also contribute to some perennial debates in private law scholarship, and especially, private law theory, by developing private law’s doctrines, challenging its concepts, if not the conceptual framework itself, and refi ning competing understandings of the roles of private law.