Martijn Hesselink, ‘How Many Systems of Private Law are There in Europe? On Plural Legal Sources, Multiple Identities and the Unity of Law’

Abstract:
The central question in this paper is how many private law systems there are in Europe. That question is located at the crossroads of a variety of pluralities. There is a plurality of epistemological claims including the claim of epistemological (or ‘foundational’) pluralism, a plurality of legal materials (coming from different law makers, private and public) and the related claim of legal pluralism, and a plurality of normative theories (most of which lend support, albeit in different ways, to pluralities of values) including the theory of normative pluralism. Moreover, there is a multiplicity of senses of belonging held by different individuals and the related claim of incommensurability of the these allegiances. Further, different types (and visions) of autonomy play a role, i.e. public and private, the latter subdivided in formal and substantive versions. Finally, the internal and external perspectives are distinguished, and different visions on these including the rejection of the distinction …

Hesselink, Martijn W., How Many Systems of Private Law are There in Europe? On Plural Legal Sources, Multiple Identities and the Unity of Law (April 27, 2012). L. Niglia (ed.), Pluralism and European Private Law (Oxford: Hart Publishing, 2012).

(Visited 1 times, 1 visits today)

Leave a Reply