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The Many Concepts Of Social Justice In European Private Law
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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 and published by Edward Elgar Publishing. This book was released on 2011-11-01 with total page 489 pages. 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.
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 and published by Cambridge University Press. This book was released on 2018-11-15 with total page 489 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Politics of Justice in European Private Law intends to highlight the differences between the Member States' concepts of social justice, which have developed historically, and the distinct European concept of access justice. Contrary to the emerging critique of Europe's justice deficit in the aftermath of the Euro crisis, this book argues that beneath the larger picture of the Monetary Union, a more positive and more promising European concept of justice is developing. European access justice is thinner than national social justice, but access justice represents a distinct conception of justice nevertheless. Member States or nation states remain free to complement European access justice and bring to bear their own pattern of social justice.
Book Synopsis CFR & Social Justice by : Martijn W. Hesselink
Download or read book CFR & Social Justice written by Martijn W. Hesselink and published by Walter de Gruyter. This book was released on 2009-04-27 with total page 96 pages. 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.
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 and published by . This book was released on 2011 with total page 0 pages. 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.
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 and published by Edward Elgar Publishing. This book was released on 2010-01-01 with total page 279 pages. 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.
Book Synopsis New Directions in European Private Law by : Takis Tridimas
Download or read book New Directions in European Private Law written by Takis Tridimas and published by Bloomsbury Publishing. This book was released on 2021-05-20 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together leading scholars and practitioners, to explore contemporary challenges in the field of European private law, identify problems, and propose solutions. The first section reassesses the existing theoretical framework and traditional legal scholarship on which European private law has developed. The book then goes on to examine important and practical topics of geo-blocking and standardisation in the context of recent legislative developments and the CJEU case law. The third section assesses the challenging subject of adequate regulation of online platforms and sharing economy that has been continuously addressed in the recent years by European private law. A fourth section deals with the regulatory challenges brought by an increasing development of artificial intelligence and blockchain technology and the question of liability. The final section examines recent European legislative developments in the area of digital goods and digital content and identifies potential future policy directions in which the European private law may develop in the future.
Author :Study Group on a European Civil Code Publisher :sellier. european law publ. ISBN 13 :3866530595 Total Pages :406 pages Book Rating :4.8/5 (665 download)
Book Synopsis Principles, Definitions and Model Rules of European Private Law by : Study Group on a European Civil Code
Download or read book Principles, Definitions and Model Rules of European Private Law written by Study Group on a European Civil Code and published by sellier. european law publ.. This book was released on 2008 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this volume, the Study Group and the Acquis Group present the first academic Draft of a Common Frame of Reference (DCFR). The Draft is based in part on a revised version of the Principles of European Contract Law (PECL) and contains Principles, Definitions and Model Rules of European Private Law in an interim outline edition. It covers the books on contracts and other juridical acts, obligations and corresponding rights, certain specific contracts, and non-contractual obligations. One purpose of the text is to provide material for a possible "political" Common Frame of Reference (CFR) which was called for by the European Commission's Action Plan on a More Coherent European Contract Law of January 2003.
Book Synopsis Constitutionalization of European Private Law by : Hans Micklitz
Download or read book Constitutionalization of European Private Law written by Hans Micklitz and published by OUP Oxford. This book was released on 2014-04-17 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years the impact of human rights and fundamental rights on private law has risen in prominence and led to a whole series of detailed investigations. 'Constitutionalization of private law' is the flag under which most of the research on the increasing impact of national constitutional rights on national private legal orders is sailing. In the absence of a European Constitution, the constitutionalization of European private law suggests a process: constitutionalization instead of constituent power, demos, and the magic constitutional moment. The Charter of Fundamental Rights and the European Convention of Human Rights constitute the two pillars on which the transformation of European private law rests. This volume clearly demonstrates the change that has taken place, at the national and at the European level. Private law is no longer immune to the intrusion of fundamental and human rights. Whilst member states and the EU are driving the process by adopting ever more concrete and more comprehensive lists of human and fundamental rights, at the national, the European, and international level with overlapping contents, the true and key players in this development are the national and European courts. Contributions to this volume give this process a face and a direction, which is highlighted in the introduction by Hans-W. Micklitz.
Book Synopsis Varieties of European Economic Law and Regulation by : Kai Purnhagen
Download or read book Varieties of European Economic Law and Regulation written by Kai Purnhagen and published by Springer. This book was released on 2014-07-16 with total page 883 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first book to comprehensively analyze the work of Hans Micklitz, one of the leading scholars in the field of EU economic law. It brings together analysts, academic friends and critics of Hans Micklitz and results in a unique collection of essays that evaluate his work on European Economic Law and Regulation. The contributions discuss a wide range of Micklitz’ work: from his theoretical work on private law beyond party autonomy, with a special focus on its regulatory function, to the illustration of how his work has built the basis for current solutions such as used in solving the financial crisis. The book is divided into sections covering foundations of private law, regulatory law, competition and intellectual property law, product safety law, consumer contract law and the enforcement of law. This book clearly shows the enormous impact of Hans Micklitz' work on the EU legal system in both scholarship and practice.
Book Synopsis Pluralism and European Private Law by : Leone Niglia
Download or read book Pluralism and European Private Law written by Leone Niglia and published by Bloomsbury Publishing. This book was released on 2013-01-29 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: European private law has hitherto tended to be conceptualised firmly around ideas of unity and harmony. Yet the discourse within other areas of European law, notably constitutional law scholarship, visibly adopts pluralist perspectives. This book seeks to bridge the gap between 'public' and 'private' law by looking at European private law from various pluralist positions and by investigating old and new ways in which to understand legal pluralism in general. It fills a gap in the wide literature on legal pluralism, as the first book entirely dedicated to offering an insight into legal pluralism from the vantage point of the private law domain. The book addresses critically issues such as what pluralism really means in private law and what conceptions of pluralism it embodies, including discussion about the outer boundaries of any of the pluralist understandings. Contributions address comparative, critical, historical, theoretical and normative aspects. The book provides an opportunity to engage innovatively with problematic conceptual issues which inform the work of European private law scholars, including the debate on the Common Frame of Reference Poject of the European Commision.
Book Synopsis European Consumer Access to Justice Revisited by : Stefan Wrbka
Download or read book European Consumer Access to Justice Revisited written by Stefan Wrbka and published by Cambridge University Press. This book was released on 2015 with total page 419 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book asks what is European consumer access to justice, and how we can improve it by means of procedural and substantive laws?
Book Synopsis Nationalism and Private Law in Europe by : Guido Comparato
Download or read book Nationalism and Private Law in Europe written by Guido Comparato and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 531 pages. Available in PDF, EPUB and Kindle. Book excerpt: While the internationalisation of society has stimulated the emergence of common legal frameworks to coordinate transnational social relations, private law itself is firmly rooted in national law. European integration processes have altered this state of affairs to a limited degree with a few, albeit groundbreaking, interventions that have tended to engender resistance from various actors within European nation-states. Against that background, this book takes as its point of departure the need to understand the process of legal denationalisation within broader political frameworks. In particular it seeks to make sense of opposition to Europeanisation at this point in the evolution of European law when, despite growing nationalist attitudes, great efforts have been made to produce comprehensive legal instruments to synthesise general contract law - an area that has traditionally been solely within the ambit of nation-states. Combining insights from the disciplines of law, history and political science, the book investigates the conceptual and cultural associations between law and the nation-state, examines the impact of nationalist ideas in modern legal thought and reveals the nationalist underpinnings of some of the arguments employed against and, somewhat paradoxically, even in support of legal Europeanisation. The author's research for this book has been supported by the Hague Institute for the Internationalisation of Law.
Book Synopsis The Transformation of Economic Law by : Lucila de Almeida
Download or read book The Transformation of Economic Law written by Lucila de Almeida and published by Bloomsbury Publishing. This book was released on 2019-09-05 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is written in honour of Hans-W. Micklitz for his jubilee 70th birthday and the closure of his twelve-year term as the Chair for Economic Law at the European University Institute (EUI). Hans-W. Micklitz has gained international recognition for dedicating his extensive and fruitful career to diverse areas of law: European Economic Law, European Private Law, National and European Consumer Law, Legal Theory, theories of Private Law and Social Justice. This book is a product of the collaborative endeavors of its contributors, who all have a special connection with Hans W. Micklitz as his doctoral supervisees or research assistants. The collection of twenty chapters is to be read as the influence of Hans's dialogues in the early stage of the academic career of thirty-one young legal scholars. The volume is divided into three sections devoted to subjects that have received Hans's attention while at the EUI: EU Consumer Law (part I); European Private Law and Access Justice (part II); the CJEU between the individual citizen and the Member States (part III).
Book Synopsis Coherence and Fragmentation in European Private Law by : Pia Letto-Vanamo
Download or read book Coherence and Fragmentation in European Private Law written by Pia Letto-Vanamo and published by Walter de Gruyter. This book was released on 2012-08-31 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most important characteristics of today’s private law is that it increasingly flows from different sources: Next to national legislation and case law, it is also shaped by European and supranational sources and rapidly becoming a mixture of differently oriented rules and principles. This development can be described as one from coherence to fragmentation. The aim of the new book is to consider how this important shift has worked out in different subfields of the law like in contract and property law, in competition, insurance, marketing and private international law as well as in the law of intellectual property. This cross-disciplinary approach shows how pervasive legal fragmentation has become, and points out how to remedy the adverse effects it brings with it. The volume is therefore indispensable for anyone interested in how Europeanisation affects national private laws.
Book Synopsis Social Function of Private Law and Its Proliferation by Applying the Principles of European Private Law by : Monika Jurčová
Download or read book Social Function of Private Law and Its Proliferation by Applying the Principles of European Private Law written by Monika Jurčová and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Legal Pluralism in European Contract Law by : Vanessa Mak
Download or read book Legal Pluralism in European Contract Law written by Vanessa Mak and published by Oxford University Press. This book was released on 2020-09-11 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: The relevance of contracting and self-regulation in consumer markets has increased rapidly in recent years, in particular in the platform economy. Online platforms provide opportunities for businesses and consumers to connect with strangers, often across borders, trading products, and services. In this new economy, platform operators create, apply and enforce their own rules in their contractual relationships with users. This book examines the substance of these rules and the space for private governance beyond the reach of state regulation. Vanessa Mak explores recent developments in lawmaking 'beyond the state' with case studies focusing on companies such as Airbnb and Amazon. The book asks how common values and objectives of EU law, such as consumer protection and contractual fairness, can be safeguarded when lawmaking shifts to a space outside the reach of state law.
Book Synopsis Consumer Vulnerability and Welfare in Mortgage Contracts by : Irina Domurath
Download or read book Consumer Vulnerability and Welfare in Mortgage Contracts written by Irina Domurath and published by Bloomsbury Publishing. This book was released on 2017-11-30 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book advocates a new way of thinking about mortgage contracts. This claim is based on the assumption that we currently live in a political economy in which consumer debt fulfils a social function. In the field of housing this is evidenced by the expansion of mortgage credit through which consumers are to purchase residential property as a means of social inclusion and personal welfare. It is suggested that contract law needs to adjust to this new social function in order to avoid welfare losses in terms of default, over-indebtedness, and possibly eviction. To this end, this book analyses theoretical contract law frameworks and makes concrete proposals for contract law in the EU legal order.
