Abstract

http://ssrn.com/abstract=1327993
 
 

Footnotes (10)



 


 



European Private Law and the Challenge of Plural Legal Subjectivities


Roderick A. Macdonald


McGill University Faculty of Law

2004

European Legacy, Vol. 9, No. 1, pp. 55-56, 2004

Abstract:     
This paper argues that the approach to questions of authority, legitimacy, and personal identity characteristic of contemporary European law presents a paradox. The power of the legal project that emerged after the French Revolution lay in its deployment of the notion of abstract legal subjectivity to challenge claimed authority. Much is made of the public law dimensions of this revolutionary moment - the creation of political constitutions establishing national citizenship and human rights standards. But the transposition of abstract legal subjectivity into the private law through national social constitutions like Civil Codes has been far less successful. Abstract legal subjectivity in public law regimes necessarily privileges some personal identities over others in its construction of citizenship. These privileged identities of public law citizenship limit how legal subjects can express their identities in the private law. The paper proposes an alternative, pluralist, theorization of the diverse, iterative character of everyday human interaction that gives content to the idea of legal subjectivity in the private law. It seeks to reconcile a public law of abstract, unitary citizenship with a private law of plural legal subjectivities in a manner that advances the project of democratic constitutionalism.

Number of Pages in PDF File: 13

Accepted Paper Series


Download This Paper

Date posted: January 16, 2009  

Suggested Citation

Macdonald, Roderick A., European Private Law and the Challenge of Plural Legal Subjectivities (2004). European Legacy, Vol. 9, No. 1, pp. 55-56, 2004. Available at SSRN: http://ssrn.com/abstract=1327993

Contact Information

Roderick A. Macdonald (Contact Author)
McGill University Faculty of Law ( email )
3644 Peel Street
Montreal H3A 1W9, Quebec
Canada
Feedback to SSRN


Paper statistics
Abstract Views: 284
Downloads: 47
Footnotes:  10

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo2 in 0.344 seconds