EU private law injustices
Yearbook of European law, 2022, Vol. 41, pp. 83-116
HESSELINK, Martijn Willem, EU private law injustices, Yearbook of European law, 2022, Vol. 41, pp. 83-116 - https://hdl.handle.net/1814/75346
Retrieved from Cadmus, EUI Research Repository
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.
Published online: 28 September 2022
Cadmus permanent link: https://hdl.handle.net/1814/75346
Full-text via DOI: 10.1093/yel/yeac005
ISSN: 0263-3264; 2045-0044
Publisher: Oxford University Press
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