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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Contract law
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Justifying Contract in Europe - Political Philosophies of European Contract Law (Paperback)
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Justifying Contract in Europe - Political Philosophies of European Contract Law (Paperback)
Series: Collected Courses of the Academy of European Law
Expected to ship within 10 - 15 working days
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This title explores the normative foundations of European contract
law. It addresses fundamental political questions on contract law
in Europe from the perspective of leading contemporary political
theories. Does the law of contract need a democratic basis? To what
extent should it be Europeanised? What justifies the binding force
of contract and the main remedies for breach? When should weaker
parties be protected? Should market transactions be considered
legally void when they are immoral? Which rules of contract law
should the parties be free to opt out of? Adopting a critical lens,
this book interrogates utilitarian, liberal-egalitarian,
libertarian, communitarian, civic republican, and
discourse-theoretical political philosophies and analyses the
answers they provide to these questions. It also situates these
theoretical debates within the context of the political landscape
of European contract law and the divergent views expressed by
lawmakers, legal academics, and other stakeholders. This work moves
beyond the acquis positivism, market reductionism, and private law
essentialism that tend to dominate these conversations and
foregrounds normative complexity. It explores the principles and
values behind various arguments used in the debates on European
contract law and its future to highlight the normative stakes
involved in the practical question of what we, as a society, should
do about contract law in Europe. In so doing, it opens up
democratic space for the consideration of alternative futures for
contract law in the European Union, and for better justifications
for those parts of the EU contract law acquis we wish to retain.
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