Here is a remarkable collection of essays on the ideologies and power
struggles that inform the effort to Europeanize private law. In addition to a
manifesto emphasising the role of social and distributive justice, nine
articles by prominent European academic jurists offer analytic perspectives
that take account of such significant factors as the following:
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the politics of the Action Plan process;
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the notions of coherence, social values and national tradition;
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extension of the European unification debate to property law;
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a code for the ordinary working people;
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cultural diversity;
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the legal basis for a European Civil Code;
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the constitutional process and the role of fundamental rights;
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a European social model
With its broad scope and depth of insight, this deeply informed and far-seeing
collection makes a powerful contribution to the debate. It should not be
overlooked by any student, scholar, or practitioner concerned with the nature
of private law in Europe.
These essays were originally written as papers presented at a conference held
in Amsterdam in January 2005
Chapter 1 A Technical ‘CFR’ or a Political Code? – An Introduction
Martijn W. Hesselink I. A Technical ‘CFR’ II
Or a Political Code? III. The Political Stakes IV. The Way
Forward Chapter 2 Thoughts on Coherence, Social Values and National
Tradition in Private Law Duncan Kennedy I. Coherence II.
Social Values III. National Tradition IV. Conclusion Chapter
3 Political Issues in Property Law and European Unification Projects
Brigitta Lurger I. European Contract Law as a Starting Point II.
Property Law and EC Law III. The Nature and Characteristics of
Property Law IV. Examples of Alternative Rules of Property Law V.
Conclusions Chapter 4 A Workers' Civil Code? Principles of European
Contract Law Evolving in EU Social and Economic Policy Hugh Collins
I. The Idea of a Civil Code II. Social, Economic and Cultural Rights
III. Social Rights in the Construction of the Civil Code IV.
Conclusion Chapter 5 Cultural Diversity and the Idea of a European Civil
Code Ruth Sefton-Green I. Introduction II. Is the
Idea of a European Civil Code Desirable or Possible or Does the Presence of
Cultural Diversity in Europe Offer Another Solution? III. Exploring the
Existence of Cultural Diversity: An Open and Shut Case? IV. Conclusion
Chapter 6 The Legitimacy of the Codification of Contract Law in View of the
Allocation of Competences between the European Union and its Member States
Jacques Ziller I. Federalism and Civil Codes: The German Case II.
The Missing Competence of the European Union in Drafting a European Civil
Code III. A Basis of Democratic Legitimacy for the Codification of
Contract Law? IV. Conclusion: A Task for the Council of Europe?
Chapter 7 The Civil Code within the European ‘Constitutional Process’
Stefano Rodotà Chapter 8 European Constitutionalism and Three
Models of Social Europe Miguel Poiares Maduro I. Model 1:
Economic Freedom and Social Non-Discrimination: Constitutionalizing Private
Autonomy II. Model 2: Protecting the Social Model of the Member States
III. Model 3: The Social Model of the European Union Chapter 9 The
Politics of a European Civil Code Martijn W. Hesselink I.
Introduction II. The Political Stakes in the Europeanization of Private
Law III. The Action Plan Process IV. An Alternative Approach
V. Annex Chapter 10 Social Justice in European Contract Law: A
Manifesto Study Group on Social Justice in European Private Law I.
Contract Law and the Future of II. The Technocratic Agenda for European
Contract Law III. The Social Justice Agenda for European Contract Law
IV. Conclusion