Justifying Contract in Europe: Political Philosophies of European Contract Law

The book examines the normative foundations of European contract law from the perspective of leading contemporary political theories, addressing questions such as the need for a democratic basis, Europeanization, binding force, weaker parties, immoral market transactions, and opt-out rules. It critically evaluates utilitarian, liberal-egalitarian, libertarian, communitarian, civic republican, and discourse-theoretical political philosophies and their answers to these questions, placing them in the context of the political landscape of European contract law and the diverse views of lawmakers, legal academics, and stakeholders.

\n Format: Paperback / softback
\n Length: 512 pages
\n Publication date: 22 June 2021
\n Publisher: Oxford University Press
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The title delves into the normative underpinnings of European contract law, exploring fundamental political inquiries concerning contract law in Europe from the perspective of prominent contemporary political theories. It examines whether contract law requires a democratic foundation, the extent to which it should be Europeanized, the justification for the binding force of contracts, and the primary remedies for breach. Additionally, it addresses the protection of weaker parties, the invalidity of immoral market transactions, and the freedom of parties to opt out of specific contract law rules. Employing a critical lens, the book critically interrogates utilitarian, liberal-egalitarian, libertarian, communitarian, civic republican, and discourse-theoretical political philosophies, analyzing their responses to these questions. It also contextualizes these theoretical debates within the political landscape of European contract law and the diverse viewpoints expressed by lawmakers, legal scholars, and other stakeholders. This work departs from the prevalent approaches of acquis positivism, market reductionism, and private law essentialism, emphasizing the normative intricacies involved. It explores the principles and values underlying various arguments in the debates on European contract law and its future, highlighting the normative stakes at play in the practical question of what we, as a society, should do about contract law in Europe. By doing so, it creates democratic space for considering alternative futures for contract law within the European Union and for providing stronger justifications for the parts of the EU contract law acquis that we wish to retain.

\n Weight: 798g\n
Dimension: 157 x 234 x 246 (mm)\n
ISBN-13: 9780192843685\n \n