In a previous post on the Transformative Private Law Blog, Martijn Hesselink calls ‘the idea of transformative private law a little scary’. The intuitive reason for Hesselink to be scared seems to be one of instrumentalization. Does the adoption of the term ‘transformative law’ imply a transformation of (private) law into a mere tool for achieving political objectives? Interestingly Hesselink in the moment of encountering fear also decries that the renaming of the Centre for the Study of European Contract Law (CSECL) to the Amsterdam Centre for Transformative Private Law (ACT) ‘constitutes a break with the centre’s explicit commitment to the European project’. Instrumentalization in other words seems to be perfectly ok if the instrumentalization is the right one … (more)
[Poul F Kjaer, Transformative Private Law, 24 April 2024]
Leave a Reply