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Series editors' Preface

Published online by Cambridge University Press:  26 February 2010

Hugh Collins
Affiliation:
London School of Economics and Political Science
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Summary

Hugh Collins' book on the future of European private law develops a distinctive argument for legal change in an increasingly well-trodden field of study. He makes a sustained and convincing argument for a different normative basis for legislative developments at the EU level as regards a putative European Civil Code. He wishes to distract private law from its current market integration focus, where the only politically acceptable justifications for interventions in private law relations can be found in the impact of failure to harmonise or actively to promote mutual recognition on the evolution of the single market for goods, services, persons and capital. Instead Collins, normative proposal links private law to European civil society, understood in its widest sense to include the multitude of everyday relations between persons. At present, these private law relations are regulated predominantly at the national or subnational levels. Sympathetic to arguments for closer integration, but specifically for reasons of promoting welfarism and social justice rather than political union as such, Collins rejects the monolithic ‘top-down’ approach of building common institutions or searching for a common European foreign policy favoured by EU institutional and many national elites. Rather, he wishes to see fostered the conditions for ‘bottom-up’ development rooted, as he puts it, ‘in the bonds for commonplace social interactions’. Through these will come the necessary community which can sustain, in turn, political development at the supranational level. Collins’ argument is ambitious, and requires a fully developed critique of the current acquis communautaire and a direct engagement with the legal competences and legal instruments of EU law as it exists.

Type
Chapter
Information
The European Civil Code
The Way Forward
, pp. xi - xii
Publisher: Cambridge University Press
Print publication year: 2008

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  • Series editors' Preface
  • Hugh Collins, London School of Economics and Political Science
  • Book: The European Civil Code
  • Online publication: 26 February 2010
  • Chapter DOI: https://doi.org/10.1017/CBO9780511620010.002
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  • Series editors' Preface
  • Hugh Collins, London School of Economics and Political Science
  • Book: The European Civil Code
  • Online publication: 26 February 2010
  • Chapter DOI: https://doi.org/10.1017/CBO9780511620010.002
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Series editors' Preface
  • Hugh Collins, London School of Economics and Political Science
  • Book: The European Civil Code
  • Online publication: 26 February 2010
  • Chapter DOI: https://doi.org/10.1017/CBO9780511620010.002
Available formats
×