The interplay between the law of contract, the welfare state, and the quality of democracy has always been at the core of modern European legal systems. From a historical perspective, it is easy to observe that – well before the rise of European Private Law (EPL) and well beyond the narrow link between contract and market – the grammar of obligations and contract has provided conceptual references upon which lawmakers, scholars, and public administrations have relied to reach a variety of rationalisations of the unprecedented institutional project we know as the welfare state. In questioning the private/public divide in some of its very pillars, this intertwined genealogy between private law and the public/democratic sphere has presented manifold challenges, a few of which can be mentioned … (more)
[Rocco Alessio Albanese, Transformative Private Law Blog, 18 October 2024]
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