Reconstituting the Code of Capital : could a progressive European code of private law help us reduce inequality and regain democratic control?
European law open, 2022, Vol. 1, No. 2, pp. 316-343
HESSELINK, Martijn Willem, Reconstituting the Code of Capital : could a progressive European code of private law help us reduce inequality and regain democratic control?, European law open, 2022, Vol. 1, No. 2, pp. 316-343 - https://hdl.handle.net/1814/75343
Retrieved from Cadmus, EUI Research Repository
Katharina Pistor’s powerful critique of the key role that private law plays in creating private wealth, producing inequalities, and undermining democracy, raises the urgent question of what could be done to set things right or, at least, could be a step in the right direction. This article argues that a progressive European code of private law could be a meaningful part of the solution. A progressive private law code would be a code aimed at making progress towards a more just society, where there is less inequality and where we have more democratic control over our future. The progressive EPL-code would be completely different, in crucial respects, from the civil codes of the member states. It would be European (not national), be mandatory (not optional), have ‘constitutional’ ie primary EU law status (not merely secondary), consist of fundamental principles (not detailed rules), prioritise justice (not economic growth), and be radically democratic (not technocratic).
Published online: 10 August 2022
Cadmus permanent link: https://hdl.handle.net/1814/75343
Full-text via DOI: 10.1017/elo.2022.16
Publisher: Cambridge University Press
Sponsorship and Funder information:
This article was published Open Access with the support from the EUI Library through the CRUI - CUP Transformative Agreement (2020-2022)
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