Two decades after the Manifesto, it has become clear that private law injustices – that is, injustices done through private law – will not be overcome through directives and regulations. The ordinary legislative procedure will not bring social justice in European private law. What’s left, then, of private law justice? Where can we find inspiration for radical change to overcome oppression, marginalisation, and extraction through private rights? Perhaps some hope for a better future can be found in the practices and imagination of radical protest movements and counter-communities around the world. And maybe there we can also find inspiration for norms enabling radically horizontal relations, that is interpersonal relations and interactions between genuinely free equals – in other words, for a prefigurative private law … (more)
[Martijn Hesselink, Transformative Private Law Blog, 8 October 2024]
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