The Many Concepts of Social Justice in European Private Law

This insightful book, with contributions from leading international scholars, examines the European model of social justice in private law that has developed over the 20th century. The first set of articles is devoted to the relationship between corrective, commutative, procedural and social justice, more particularly the role and function of commutative justice in contrast to social justice. The second section brings together scholars who discuss the relationship between constitutional order, the values enshrined in the constitutional order and the impact of constitutional values on private law relations. The third section focuses on the impact of socio-economic developments within the EU and within selected Member States on the proprietary order of the EU, on the role and function of the emerging welfare state and the judiciary, as well as on nation state specific patterns of social justice. The final section tests the hypothesis to what extent patterns of social justice are context related and differ in between labour, consumer and competition law. The Many Concepts of Social Justice in European Private Law will prove to be of great interest to academics of law, as well as to private lawyers and European policymakers.PART I: SOCIAL JUSTICE AND ACCESS JUSTICE IN PRIVATE LAW Introduction - Hans-W. Micklitz PART II: CORRECTIVE, COMMUTATIVE, PROCEDURAL AND SOCIAL JUSTICE 1. Social Justice and Legal Justice - Wojciech Sadurski 2. Can We Make Sense of Commutative Justice? Christine Chwaszcza 3. Commutative, Distributive and Procedural Justice: A Response to Professor Christine Chwaszcza - Wojciech Sadurski 4. A Rejoinder - Christine Chwaszcza PART III: CONSTITUTIONAL VALUES AND PRIVATE LAW 5. Constitutional Justice and the Perennial Task of Constitutionalizing Law and Society through 'Participatory Justice' - Ernst-Ulrich Petersmann 6. The Constitutionalization of European Private Law as a Path to Social Justice? - Hugh Collins 7. The Nile Perch in European Private Law - Ugo Mattei PART IV: SOCIO-ECONOMIC DEVELOPMENT AND SOCIAL JUSTICE 8. At the Roots of European Private Law. Social Justice, Solidarity and Conflict in the Proprietary Order - Alessandro Somma 9. Social Justice in the Welfare State - From the Perspective of the Comparative History of Institutions - Cornelius Torp 10. A Vision of Social Justice in French Private Law: Paternalism and Solidarity - Ruth Sefton-Green 11. Meaning(s) of Social Justice in Nordic Countries - Pia Letto-Vanamo 12. The Europeanization of Social Justice and the Judiciary: How Will Judges React in the Member States? - Arthur Dyevre PART V: SOCIAL JUSTICE IN LABOUR, CONSUMPTION AND COMPETITION 13. Labour Relations and the Concept of Social Justice in the European Union - Marie-Ange Moreau 14. The Transformation of Contractual Justice - A Historical and Comparative Account of the Impact Consumption - Hannes Rosler 15. Social Justice in the Office of Fair Trading vs. Commutative Justice in the Supreme Court - Chris Willett 16. Social Peace via Pragmatic Civil Rights - the Scandinavian Model of Consumer Law - Bastian Schuller 17. Towards a European model of Economic Justice: The Role of Competition Law - K.J. Csere