Given the current intertwined and multifaceted global crisis, and given the at best modest outcomes of private law in moderating deepening inequalities – despite the numerous and laudable efforts by scholars with different backgrounds – does it still make sense to enquire whether and how private law could foster social justice? In this short intervention, I will argue that private law, to be transformative, needs to be antisystemic (that is, contradict the rationale of capital accumulation), and that it can be anti-systemic only in very few cases, when there is a dissociation between the legal form and the commodity form. I build this intervention on a longer analysis that I have developed in a recent article devoted to climate litigation … (more)
[Riccardo Fornasari, Transformative Private Law Blog, 18 October 2024]
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