Crises are a good test case, not only to check the practical performance of the law, but also to gain conceptual clarity about the possibilities of (certain areas of) the law. This post compares a German regulatory approach to private law with the US Law and Political Economy (LPE) movement. At first glance, the LPE movement in the US and the German debates on the substantive approach to private law and its use for behavioral control show many similarities. However, the goal of this post is to show that important differences remain: Regulatory private law is more concerned with the way in which political objectives are enforced, whereas LPE seeks to change the objectives themselves … (more)
[Alexander Hellgardt, Verfassungsblog, 10 October 2024]
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