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Private Law’s Choice of Private Law
SSRN Electronic JournalAbstract Interstitial private law helps separate private law fields one from another (e.g., tort, contract, fiduciary law) while determining which field should prevail in cases of overlap. This chapter will argue that the resulting differentiation of legal fields is valuable for multiple reasons.
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Primary EU law, European regulatory private law and national private law
2017Item does not contain ...
MICKLITZ, Hans-Wolfgang, SIEBURGH, Carla
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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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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, 2012This 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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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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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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The Transformation of Private Law
2017Online publication date: October 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 ...
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Private Law and Private Narratives
Oxford Journal of Legal Studies, 2000Responsibility 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 law discourse and scholarship in the wake of the Europeanisation of private law
2013In 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 International Law and Public Law
2015The 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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Public Law and Private Law Issues
2016In this chapter, the author outlines some of the issues that, from an exclusively subjective point of view, seem to be more relevant in the field of public law. The possible consequences “neurolaw” might have on a branch of law like this cannot be overlooked, because this branch is anyway decisive, not only for the fate of an individual, but also for ...
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