January 11, 2011

do someone care about european social justice?

The subject of this paper is the question whether contracts that fundamentally damage the quality of life and capabilities of others should be invalid under European contract law. In fact it is a good way to focalised on thequestion of globalization. An economic view of these cases emphasizes problems of social justice. It could really intersting once,just to discusse of the capabilities approach as a possible minimum standard of social justice for European contract law. For the capabilities approach to be accepted as such it needs to overcome critique from legal scholarship with regard to its relevance for contract law as well as critique with regard to the theory itself as a standard of justice. It could be iinteresting to study the different the approaches with other traditions such as utilitarianism and the social contract. I really would like to be sur that we all are able to seat ang discuss what kind of futur , for the old continent.I am just waiting the day for European contract law will be the main topic to be discussed between all the european citizens: why should European contract law incorporate a standard of social justice and how does the capabilities approach translate into rules of contract law? I am just waiting for some people able to offer a convincing argument for the capabilities approach as a minimum standard of social justice in European contract law...

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  1. Liviu Damsa

    I am unconvinced that philosophically speaking, we could include social justice (which is about collectivity) in a theory of private contracts (which are about the individual, freedom of choice, liberty, agent, etc), as the two seems at first glance at opposite spectrums, but I am open to rebuttals or to developments of your argument.

    02 Aug 2011, 15:52

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