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The Transformation of Private Law

2017
In looking into private law I will distinguish between the traditional private law enshrined in national codifications (the French Code Civil, the German BGB, the Italian Codice Civile) or in the common law system and the regulatory private law which became visible first in the regulatory state of the early twentieth century and later in the welfare ...
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The Decline of Private Law

2019
This book is a large-scale historical reconstruction of liberal legalism, from its inception in the mid-nineteenth century, the moment in which the jurists forged the alliance between political liberalism and legal expertise embodied in classical private law doctrine, to the contemporary anxiety about the possibility of both a liberal solution to the ...
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The Public, the Private and the Law

SSRN Electronic Journal, 2012
This paper aims at challenging the perceived continuity between the underlying normativety of, on the one hand, the public and the private domains of social action and, on the other, the normativity of public and private law. As the argument goes, the underlying normative assumptions of the utilization of law (in general) by the political community do ...
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Post-private Law?

2014
In 2012, Hans Micklitz presented a report (Gutachten) for the German lawyers’ association (Deutscher Juristentag) on the future of consumer law. The focus of the report was primarily on German law. However, as usual, Micklitz’ main argument clearly had a broader, Europe-wide vocation. Therefore, it is particularly fortunate that the report recently was
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Private International Law

2014
Your guide to the conflicts and harmonies between private international law and UK and Scots law EU law has greatly influenced national law in Scotland, the UK and the rest of Europe. As a result, private international law is an essential area of study and of increasing importance to lawyers throughout the EU.
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Private law discourse and scholarship in the wake of the Europeanisation of private law

2013
In its approach to the regulation of the internal market, the EU has never accepted the traditional conception of private law as it has evolved in national legal systems. Whilst national private laws have been primarily concerned with justice between market participants rather than the pursuance of specific public goals, the EU has viewed private law ...
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Private Law and Private Narratives

Oxford Journal of Legal Studies, 2000
Responsibility and Fault collects Tony Honore's recent essays about the familiar form of responsibility that he calls 'outcome responsibility', the kind of re sponsibility that is invoked when an agent is held responsible for some outcome to which he or she has contributed.
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Private International Law and Public Law

2015
The conspicuous absence of private international law from the current global governance debate may be traced in part to its traditional ‘public law taboo’, fed by liberal understandings of statehood and its characteristic public/private divide, in the context of the modern schism between the public and private branches of international law.
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Comparative Law And Private International Law

2006
Comparative law and private international law have had a long and intimate relationship. Traditionally, comparative law has interacted with private international law in three basic dimensions which can loosely be termed academic, legislative, and judicial. Comparative law has made private international law the object of scholarly study; it has assisted
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