Private law like tort, contract, and property are important in common law, but statutes are increasingly involved. The article explores how courts should handle private law in statutory gaps, especially in tort law. It challenges the idea that private law is just public regulation and suggests that courts can be more creative in developing private law when statutes are silent. This creativity is most notable for textualists, who are usually seen as conservative. The analysis also questions whether private law needs input from public law theory in interpreting statutes.