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The Many Concepts of Social Justice in European Private Law

2011-11-01 Law
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Release : 2011-11-01
Genre : Law
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Book Rating : 895/5 ( reviews)

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Book Synopsis The Many Concepts of Social Justice in European Private Law by : H. W. Micklitz

Download or read book The Many Concepts of Social Justice in European Private Law written by H. W. Micklitz. This book was released on 2011-11-01. Available in PDF, EPUB and Kindle. Book excerpt: 'Does European regulatory private law offer a genuine model of justice for society? Beyond its initial libertarian focus on economic integration through the market citizen, might it now serve the social inclusion of the vulnerable? In the wake of Hans Micklitz's inspired and relentless pursuit of meaning within the ongoing constitutionalization of private law relationships, this rich collection explores the implications of new, specifically European, forms of access rights, which ensure (horizontally and vertically) enforceable and non-discriminatory opportunity for market participation.' Horatia Muir Watt, Columbia Law School, US This insightful book, with contributions from leading international scholars, examines the European model of social justice in private law that has developed over the 20th century. The first set of articles is devoted to the relationship between corrective, commutative, procedural and social justice, more particularly the role and function of commutative justice in contrast to social justice. The second section brings together scholars who discuss the relationship between constitutional order, the values enshrined in the constitutional order and the impact of constitutional values on private law relations. The third section focuses on the impact of socio-economic developments within the EU and within selected Member States on the proprietary order of the EU, on the role and function of the emerging welfare state and the judiciary, as well as on nation state specific patterns of social justice. The final section tests the hypothesis to what extent patterns of social justice are context related and differ in between labour, consumer and competition law. The Many Concepts of Social Justice in European Private Law will prove to be of great interest to academics of law, as well as to private lawyers and European policymakers.

The Politics of Justice in European Private Law

2018-11-15 Law
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Release : 2018-11-15
Genre : Law
Kind : eBook
Book Rating : 120/5 ( reviews)

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Book Synopsis The Politics of Justice in European Private Law by : Hans-W Micklitz

Download or read book The Politics of Justice in European Private Law written by Hans-W Micklitz. This book was released on 2018-11-15. Available in PDF, EPUB and Kindle. Book excerpt: Compares national concepts of social justice with the developing European concept of access justice.

CFR & Social Justice

2009-04-27 Law
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Release : 2009-04-27
Genre : Law
Kind : eBook
Book Rating : 212/5 ( reviews)

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Book Synopsis CFR & Social Justice by : Martijn W. Hesselink

Download or read book CFR & Social Justice written by Martijn W. Hesselink. This book was released on 2009-04-27. Available in PDF, EPUB and Kindle. Book excerpt: This short study aims to evaluate the Draft Common Frame of Refence in terms of social justice. In particular, it addresses the idea of a European notion of social justice, the relationship between private law and democracy, the question whether the DCFR can be regarded as a neo-liberal or socialist project, the values and principles underlying the DCFR, the protection of weaker parties, and the role of general clauses such as good faith.

Social Justice and Access Justice in Private Law

2011 Civil law
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Release : 2011
Genre : Civil law
Kind : eBook
Book Rating : /5 ( reviews)

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Book Synopsis Social Justice and Access Justice in Private Law by : Hans-W. Micklitz

Download or read book Social Justice and Access Justice in Private Law written by Hans-W. Micklitz. This book was released on 2011. Available in PDF, EPUB and Kindle. Book excerpt: During the C20th, the Member States of the European Union developed their own models of social justice in private law. Each model is inherently linked to national culture and tradition. However, all models have a common thread, which is the use of the law by the (social welfare) state as a means to protect the weaker party against the stronger party. Since the adoption of the Single European Act in 1986, the European Union has assumed a social outlook which has gradually developed over time eventually taking shape in the Lisbon Treaty and the Charter of Fundamental Rights. Since the adoption of the SEA, more particularly the White Paper on the Completion of the Internal Market, [1] the European Union adopted a huge set of secondary law means which influence either directly (consumer, labour, anti-discrimination and business law directives) or indirectly (directives meant to liberalise markets, e.g. telecommunication, postal services, energy - electricity and gas, transport, health care) private law matters. This new regulatory private law is governed by a different philosophy, one which cannot be brought into line with the understanding of social justice as enshrined in labour or later the consumer movement and one which is challenging national models of social justice in private law. I call the EU model of justice access justice/Zugangsgerechtigkeit (justice through access, not access to justice), i.e. that it is for the European Union to grant access justice to those who are excluded from the market or to those who face difficulties in making use of the market freedoms. European private law rules have to make sure that the weaker parties have and maintain access to the market - and to the European society insofar as this exists.

European Private Law After the Common Frame of Reference

2010-01-01 Law
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Release : 2010-01-01
Genre : Law
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Book Rating : 393/5 ( reviews)

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Book Synopsis European Private Law After the Common Frame of Reference by : Hans W. Micklitz

Download or read book European Private Law After the Common Frame of Reference written by Hans W. Micklitz. This book was released on 2010-01-01. Available in PDF, EPUB and Kindle. Book excerpt: The book is a must read for anybody interested in the future development of European private law. European Private Law News This volume contains a valuable collection of essays by a group of reputable academics, each dealing with a particular aspect of the development of a substantive law of contract at European level. The contributors have a variety of interests and perspectives. The topic is clearly of great current interest throughout the European Union and beyond. Peter Stone, University of Essex, UK European Private Law after the Common Frame of Reference brings together several interesting contributions from a distinguished group of scholars, and sheds light on the important issue of legal harmonization from an interdisciplinary and comparative perspective. Francesco Parisi, University of Minnesota, US and University of Bologna, Italy The Common Frame of Reference has several potential functions, some reconcilable, others mutually exclusive. Its size, its shape, its true legal nature and its content all remain contested. Modest or ambitious, toolbox or code-in-waiting? Its chameleon character is its strength and simultaneously its weakness, and equally the reason why it has attracted such attention. In this book the editors have assembled a veritable who s who in the field and it is a terrific read. Stephen Weatherill, University of Oxford, UK This book paves the way for, and initiates, the second-generation of research in European private law subsequent to the Draft Common Frame of Reference (DCFR) needed for the 21st century. The book gives a voice to the growing dissatisfaction in academic discourse that the DCFR, as it stands in 2009, does not actually represent the condensed available knowledge on the possible future of European private law. The contributions in this book focus on the legitimacy of law making through academics both now and in the future, and on the possible conceptual choices which will affect the future of European private law. Drawing on experience gained from the DCFR the authors advocate the competition of ideas and concepts. This fascinating book will be a must-read for European lawyers, private lawyers in the Member States and academics dealing with conceptual issues of the future of the national and the European private law. Advanced students in both law and international business will also find this book invaluable, as will US scholars interested in the US EU comparison of different legal orders.

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