Abstract
In order to understand the nature of private law as a discipline it is worthwhile to study it as part of a history of ideas. Central in this history is the quest for certainty as it was shaped by the rise and fall of modernism, the ideas and practices of modern science and philosophy. Toulmin has argued extensively that modernism disturbed the balance between theoretical reason and practical reason, between rationality and reasonableness. Taking his argument back to private law, it helps to understand how and why it developed as it did in its own terms. Moreover, it shows that the contextualism with which we started is the result of a re-contextualization of knowledge and society. This moderate postmodernism fits private law practice best and facilitates a pluralistic legal scholarship.
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