ABSTRACT
In this paper we identify and discuss three different strategies for taking up intersectionality in the space of European private law, ie, liberal ideal theories of social and private law justice, liberal nonideal theories of reparation, and private law abolition. While we caution for how intersectionality is taken up in the European space of private law, these strategies yield insights about how intersectionality may recast (European) private law’s role as a potential site to advance, or thwart, pursuits of justice. The three strategies imply (potentially radical) shifts in how legal scholars may understand private law justice. We suggest that (European) private law abolition might be the most promising starting point to think intersectionality’s significance for recasting dominant understandings of private law’s relation to (in)justice in the EU context.
Martijn W Hesselink and Lyn KL Tjon Soei Len, European private law and intersectionality: three strategies, European Law Open. Published online by Cambridge University Press 25 April 2025.
I appreciate the insightful exploration of intersectionality in European private law presented in the article by Hesselink and Tjon Soei Len. The connection made between social identities and legal frameworks is vital for understanding how laws can perpetuate inequalities or promote equity. To expand on this theme, it’s worth considering how intersectionality not only informs the application of private law but also influences the formation of legal norms and principles. For instance, the impact of the #MeToo movement has prompted many jurisdictions to reevaluate their sexual harassment laws through an intersectional lens, leading to more comprehensive legal protections that account for various social identities. Additionally, movements advocating for disability rights have challenged traditional legal definitions of capacity, urging a clearer understanding of how intersecting identities affect individuals’ interactions with the law. Given the ever-evolving nature of societal norms, how do you think legal scholars and practitioners can better integrate intersectional analysis into the development of future legal frameworks?