‘Let’s Have a Legitimacy Crisis about Contract Law’

Martijn Hesselink, ‘Justifying Contract in Europe: Political Philosophies of European Contract Law’ (2021). The last couple decades in Europe have been an exciting time for private law. European integration created a dazzling opportunity to articulate a distinctly European private law, potentially even overcoming the classic line between common and civil law. As it happens, even before the departure of the United Kingdom from the European Union, this project failed in its more ambitious forms. Although legal convergence would fit the mandate to harmonize the common market, it turned out that there was substantial disagreement even within continental Europe about what a European private law should look like … (more)

[Aditi Bagchi, JOTWELL, 19 August]

First posted 2021-08-19 14:00:13

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