Two decades on, much of the scenario against which the Manifesto was written has changed. The substantive problems it highlighted, however, have not diminished – if anything, they have intensified. The tension between socially oriented and market-driven law remains. So too does the difficulty of thinking about social justice in a post-national context, as a renewed awareness of the cross-border dimensions of injustice makes a European perspective increasingly narrow. Similarly, the frameworks through which the relationship between justice and private law is understood seem to need some refinement. Much of this discussion has traditionally focused on the difference between commutative and distributive justice, with the Manifesto aligning itself with the latter approach … (more)
[Guido Comparato, Transformative Private Law Blog, 24 October 2024]
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