European Open Law
private law; democratic theory; capitalism; radicalism
Martijn Hesselink proposes a new European charter of private law that would correct the deficiencies in private law identified by Katharina Pistor. While Hesselink aims to achieve radical reform by way of radical democracy, this article argues that radical democracy is unlikely to realise a radically progressive vision of private law. Citizens of wealthy, post-industrial democracies lack certainty about both the material consequences of reform and the demands of justice. Because their caution renders them averse to far-reaching, bundled reform packages, public discourse in post-industrial societies as we find them is more likely to produce incremental than radical substantive reform.
The Challenge of Radical Reform in Pluralist Democracies, 1 Eur. Open L. 374
Available at: https://ir.lawnet.fordham.edu/faculty_scholarship/1260