Details
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.
PART I: INTRODUCTION – SOCIAL JUSTICE AND ACCESS JUSTICE IN PRIVATE LAW
1. Introduction
Hans-W. Micklitz
PART II: CORRECTIVE, COMMUTATIVE, PROCEDURAL AND SOCIAL JUSTICE
2. Social Justice and Legal Justice
Wojciech Sadurski
3. Can We Make Sense of Commutative Justice? A Comment on Professor Wojciech Sadurski
Christine Chwaszcza
4. Commutative, Distributive and Procedural Justice: A Response to Professor Christine Chwaszcza
Wojciech Sadurski
5. A Rejoinder
Christine Chwaszcza
PART III: CONSTITUTIONAL VALUES AND PRIVATE LAW
6. Constitutional Justice and the Perennial Task of ‘Constitutionalizing’ Law and Society through ‘Participatory Justice’
Ernst-Ulrich Petersmann
7. The Constitutionalization of European Private Law as a Path to Social Justice?
Hugh Collins
8. The Nile Perch in European Private Law
Ugo Mattei
PART IV: SOCIO-ECONOMIC DEVELOPMENTS AND SOCIAL JUSTICE
9. At the Roots of European Private Law: Social Justice, Solidarity and Conflict in the Proprietary Order
Alessandro Somma
10. Social Justice in the Welfare State from the Perspective of the Comparative History of Institutions
Cornelius Torp
11. A Vision of Social Justice in French Private Law: Paternalism and Solidarity
Ruth Sefton-Green
12. Meaning(s) of Social Justice in Nordic Countries
Pia Letto-Vanamo
13. The Europeanization of Social Justice and the Judiciary: How Will Judges React in the EU Member States?
Arthur Dyevre
PART V: SOCIAL JUSTICE IN LABOUR, CONSUMPTION AND COMPETITION
Labour
14. Labour Relations and the Concept of Social Justice in the European Union
Marie-Ange Moreau
Consumption
15. The Transformation of Contractual Justice – A Historical and Comparative Account of the Impact of Consumption
Hannes Rösler
16. Social Justice in the Office of Fair Trading versus Commutative Justice in the Supreme Court
Chris Willett
17. Social Peace via Pragmatic Civil Rights – the Scandinavian Model of Consumer Law
Bastian Schüller
Competition
18. Towards a European Model of Economic Justice: The Role of Competition Law
K.J. Cseres
Index
Edited by Hans-W. Micklitz, European University Institute, Italy
‘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
