European private law has hitherto tended to be conceptualised firmly around ideas of unity and harmony. Yet the discourse within other areas of European law, notably constitutional law scholarship, visibly adopts pluralist perspectives. This book seeks to bridge the gap between 'public' and 'private' law by looking at European private law from various pluralist positions and by investigating old and new ways in which to understand legal pluralism in general. It fills a gap in the wide literature on legal pluralism, as the first book entirely dedicated to offering an insight into legal pluralism from the vantage point of the private law domain. The book addresses critically issues such as what pluralism really means in private law and what conceptions of pluralism it embodies, including discussion about the outer boundaries of any of the pluralist understandings. Contributions address comparative, critical, historical, theoretical and normative aspects. The book provides an opportunity to engage innovatively with problematic conceptual issues which inform the work of European private law scholars, including the debate on the Common Frame of Reference Poject of the European Commision.
Leone Niglia is Director of the Centre for European Legal Studies and Reader, School of Law, University of Exeter.
Prologue - Of Pluralism and European Private Law Leone Niglia PART ONE THE NEW PARADIGM: PLURALISM BETWEEN PRIVATE LAW AND CONSTITUTIONALISM Overview of Part One - The New Paradigm: Pluralism Between Private Law and Constitutionalism Leone Niglia 1 The Double Life of Pluralism in Europe Leone Niglia 2 Monistic Ideology versus Pluralistic Reality - Towards a Normative Design for European Private Law Hans-W Micklitz 3 The Poverty of Global Constitutionalism Massimo La Torre PART TWO COMPARATIVE AND HISTORICAL PERSPECTIVES Overview of Part Two - Comparative and Historical Perspectives Leone Niglia 4 Pluralism and Private Law in the Union Norbert Reich 5 European Contract Law Through and Beyond Pluralism - the Case of an Optional Instrument Benedicte Fauvarque-Cosson 6 Legal Pluralism in Europe: National Laws, European Legislation, and Non-legislative Codifications Nils Jansen PART THREE THEORETICAL PERSPECTIVES Overview of Part Three - Theoretical Perspectives Leone Niglia 7 Why We Have No Theory of European Private Law Pluralism Ralf Michaels 8 A Radical View of Legal Pluralism Jan Smits 9 A Radical View of Pluralism? Comments on Jan Smits Brigitta Lurger 10 The Economics of Harmonising Private Law Through Optional Rules Fernando Gomez and Juan Jose Ganuza 11 How Many Systems of Private Law are there in Europe? Martijn W Hesselink 12 Pluralism in a New Key - Between Plurality and Normativity Leone Niglia Epilogue - Of European Private Law and Pluralism Leone Niglia