Oxford University Press Justifying Contract in Europe: Political Philosophies of European Contract Law (Collected Courses of the Academy of European Law)

Review Adopting a critical lens, this book interrogates utilitarian, liberal-egalitarian, libertarian, communitarian, civic republican, and discoursetheoretical political philosophies and analyses the answers they provide to these questions. ― H. W. Micklitz, Journal of Consumer PolicyJustifying Contract in Europe is a tour de force of scholarship and research. Against the range of current normative theories of contract, Hesselink develops an innovative radically-democratic account of European contract law. Broad in scope and full of insights, this thought-provoking book would be invaluable for anyone serious about contract law or about European law. ― Hanoch Dagan, Stewart and Judy Colton Professor of Legal Theory and Innovation, Tel Aviv UniversityFew scholars of contract have the philosophical depth and breadth that it takes to write a book like this. Most of us work within a single normative framework without attempting to defend it to those operating from rival first principles. Martijn W. Hesselink puts leading philosophical theories in conversation with each other, asking how each answers foundational questions about contract law. He reveals that disagreements about contract law are not shallow. Disagreement reflects divergent political principles, not simple confusion, parochialism, or empirical uncertainty. In democracies, we are compelled to take these disagreements seriously and work toward a law of contract grounded in overlapping consensus. Hesselink orients us toward and within that important work. ― Aditi Bagchi, Professor of Law, Fordham University School of LawThis brilliant book offers no less than a comprehensive account of the six most potent philosophies of contract law. The author systematically applies libertarianism, utilitarianism, communitarianism, liberal-egalitarianism, civic republicanism, and discourse theory to the most pressing issues of contract law and contract theory. The book is a must-read for all contract scholars. ― Marietta Auer, Director, Max Planck Institute for Legal History and Legal Theory, Frankfurt am MainIn his magnum opus, Martijn W. Hesselink revolutionizes the way we think about European contract law beyond positivism, methodological nationalism, and economic reductionism. He argues forcefully that contract law should be regarded as part of a transnational social and political basic structure that aims to promote justice and democracy, starting from where we are and pointing to what we could be. A great achievement. ― Rainer Forst, Professor of Political Theory and Philosophy, Goethe University Frankfurt, author of Normativity and Power (OUP) Product Description This title explores the normative foundations of European contract law. It addresses fundamental political questions on contract law in Europe from the perspective of leading contemporary political theories. Does the law of contract need a democratic basis? To what extent should it be Europeanised? What justifies the binding force of contract and the main remedies for breach? When should weaker parties be protected? Should market transactions be considered legally void when they are immoral? Which rules of contract law should the parties be free to opt out of? Adopting a critical lens, this book interrogates utilitarian, liberal-egalitarian, libertarian, communitarian, civic republican, and discourse-theoretical political philosophies and analyses the answers they provide to these questions. It also situates these theoretical debates within the context of the political landscape of European contract law and the divergent views expressed by lawmakers, legal academics, and other stakeholders. This work moves beyond the acquis positivism, market reductionism, and private law essentialism that tend to dominate these conversations and foregrounds normative complexity. It explores the principles and values behind various arguments used in the debates on European contract law and its future to highlight the nor