This paper formulates core elements of a critical theory of justice in European private law. It first outlines the focus, scope and priorities of a justice approach towards private law. Then, it critically examines the injustice of certain core features of European private law’s basic structure. Finally, it briefly considers some key differences between the critical justice theory of European private law and most other private law theories.
Hesselink, Martijn W, Towards a Critical Theory of Justice in European Private Law (December 21, 2020).