This insightful book, with contributions from leading international scholars, examines the European model of social justice in private law that has developed over the 20th century.
The first set of articles is devoted to the relationship between corrective, commutative, procedural and social justice, more particularly the role and function of commutative justice in contrast to social justice. The second section brings together scholars who discuss the relationship between constitutional order, the values enshrined in the constitutional order and the impact of constitutional values on private law relations. The third section focuses on the impact of socio-economic developments within the EU and within selected Member States on the proprietary order of the EU, on the role and function of the emerging welfare state and the judiciary, as well as on nation state specific patterns of social justice. The final section tests the hypothesis to what extent patterns of social justice are context related and differ in-between labour, consumer and competition law.
The Many Concepts of Social Justice in European Private Law will prove to be of great interest to academics of law, as well as to private lawyers and European policymakers.
Edited by Hans-W. Micklitz, Professor for Economic Law, the European University Institute, Italy
Contents: PART I: INTRODUCTION - SOCIAL JUSTICE AND ACCESS JUSTICE IN PRIVATE LAW 1. Introduction Hans-W. Micklitz PART II: CORRECTIVE, COMMUTATIVE, PROCEDURAL AND SOCIAL JUSTICE 2. Social Justice and Legal Justice Wojciech Sadurski 3. Can We Make Sense of Commutative Justice? A Comment on Professor Wojciech Sadurski Christine Chwaszcza 4. Commutative, Distributive and Procedural Justice: A Response to Professor Christine Chwaszcza Wojciech Sadurski 5. A Rejoinder Christine Chwaszcza PART III: CONSTITUTIONAL VALUES AND PRIVATE LAW 6. Constitutional Justice and the Perennial Task of `Constitutionalizing' Law and Society through `Participatory Justice' Ernst-Ulrich Petersmann 7. The Constitutionalization of European Private Law as a Path to Social Justice? Hugh Collins 8. The Nile Perch in European Private Law Ugo Mattei PART IV: SOCIO-ECONOMIC DEVELOPMENTS AND SOCIAL JUSTICE 9. At the Roots of European Private Law: Social Justice, Solidarity and Conflict in the Proprietary Order Alessandro Somma 10. Social Justice in the Welfare State from the Perspective of the Comparative History of Institutions Cornelius Torp 11. A Vision of Social Justice in French Private Law: Paternalism and Solidarity Ruth Sefton-Green 12. Meaning(s) of Social Justice in Nordic Countries Pia Letto-Vanamo 13. The Europeanization of Social Justice and the Judiciary: How Will Judges React in the EU Member States? Arthur Dyevre PART V: SOCIAL JUSTICE IN LABOUR, CONSUMPTION AND COMPETITION Labour 14. Labour Relations and the Concept of Social Justice in the European Union Marie-Ange Moreau Consumption 15. The Transformation of Contractual Justice - A Historical and Comparative Account of the Impact of Consumption Hannes Roesler 16. Social Justice in the Office of Fair Trading versus Commutative Justice in the Supreme Court Chris Willett 17. Social Peace via Pragmatic Civil Rights - the Scandinavian Model of Consumer Law Bastian Schuller Competition 18. Towards a European Model of Economic Justice: The Role of Competition Law K.J. Cseres Index