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EU private law injustices
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0263-3264; 2045-0044
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Yearbook of European law, 2022, Vol. 41, pp. 83-116
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HESSELINK, Martijn Willem, EU private law injustices, Yearbook of European law, 2022, Vol. 41, pp. 83-116 - https://hdl.handle.net/1814/75346
Abstract
This article offers a critique of injustices in European private law. It explains why the EU should be held morally responsible for the injustices created or supported by its private law. In particular, it demonstrates for several core elements of EU private law that they are unjust, because they cannot be justified with non-rejectable reasons, and insofar lead to domination by EU private law. This is the case, especially, for EU private law’s consumerism, its Eurocentrism, its constitutionalized market-functionalism, its doctrinal and judicial expert government, and its blindness towards intersectional domination. The article also critically discusses, and rejects, various theories offering blueprints for an ideal European private law system. Instead, it argues for the priority of democratic justice and for an urgent focus on salient injustices in EU private law’s theory and practice.
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Published online: 28 September 2022