Hesselink M. Justifying Contract in Europe 2021
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Hesselink M. Justifying Contract in Europe 2021
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Textbook in PDF format
The aim of this book is to rethink the normative foundations of European contract law. In particular, it asks what, if anything, the political institutions of the EU ought to do about contracts. More concretely, it addresses some of the most fundamental political questions of European contract law from the different perspectives of leading contemporary political theories. The result is a critical discussion of political philosophies of European contract law, or, put differently, of contract’s reasons in Europe. Not only does this contribute to a better understanding of European contract law and its reasons, but by deepening and widening our views on what European contract law ought to look like it also opens up democratic space for the consideration of concrete alternative futures for contract law in the EU, and for finding better justifications for those parts of the EU contract law acquis we want to retain. In this way, the book aims to move the academic and political debates on European contract law beyond acquis positivism, market reductionism, normative intuitionism, private law essentialism, and methodological nationalism