“Private law is tasked with two antagonistic missions in modern society; that is to facilitate steady ordering while allowing for openness and the autonomous pursuit of highly pluralistic life plans. The solution to the tensions resulting from this dual orientation towards stability and mobility is commonly found in the timeless abstractions of the legal institutions of property, contract, and personhood. In this view, (private) law becomes a passive and neutral enabler of change, irrespective of its direction …” (more)
[Klaas Hendrik Eller, Transformative Private Law Blog, 22 October]
First posted 2020-12-14 16:10:40
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