Hans-W Micklitz, ‘Thoughts on Martijn W Hesselink’s Justifying Contract in Europe: Political Philosophies of European Contract Law

European legal scholarship is a small community. Everybody knew that Martijn Hesselink had been working for years on his opus magnum. The journey took ten or even more years to answer a question that Martijn Hesselink raised a number of times in the different exchanges we had during these years – where is the normative dimension in all your research about European private law?

Martijn Hesselink provided European legal scholarship with an answer in more than 400 pages based on six different political philosophical strands – utilitarism, liberal-egalitarianism, libertarianism, communitarianism, civic republicanism and discourse theory – around six different guiding questions – democratic basis; national, European or Global; binding force and remedies; weaker party protection; public policy and good morals; optionality. The book does not take sides, at least not openly …

Hans-W Micklitz, Thoughts on Martijn W Hesselink’s Justifying Contract in Europe: Political Philosophies of European Contract Law, European Review of Private Law, volume 30, issue 2 (2022) pp 373-386.

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