 Though the critics are correct that doctrinal analysis does not consider the bilateral structure of private law as essential, it nonetheless can account both for how it emerged and why it persists. At the time of the emergence of private law, states were relatively small and had little capacity to monitor and enforce rules and regulations. Indeed, Henry II arguably introduced the common law courts to exert his power more broadly within England. At the time of the emergence of these private law institutions, there were no alternative institutions available to induce the desired behavior. 