Human Dignity and Uniform Law: An Unhappy Relationship
TICOM Working Paper on Comparative and Transnational Law No. 2008/2
ESSAYS IN HONOR OF SAUL LITVINOFF, Olivier Moréteau, Julio Romanach, Alberto Zuppi, eds., pp. 749-760, Baton Rouge, 2008
10 Pages Posted: 14 May 2008
Date Written: May 2008
This contribution argues that there is no "transnational" concept of human dignity or of public policy. These concepts are essentially local and we should not try to harmonize them by drafting common principles or rules. To substantiate this thesis, the inquiry into the harmonizing effect of human dignity and public policy takes place at four different levels. First, two instruments in the field of international contract law (the PECL and the Unidroit Principles) are considered. Second, some case law of the European Court of Justice (notable the Omega case) is looked at. A third level of inquiry concerns a representative case of the Human Rights Committee of the United Nations (the Wackenheim case). The fourth level of analysis is whether a uniform interpretation of human dignity is likely at the national level. In the absence of one uniform concept of human dignity, one should stop claiming that it could form a barrier against the negative effects of globalization.
Keywords: Public policy, ordre public, human dignity, human rights, harmonization
Suggested Citation: Suggested Citation
Do you have a job opening that you would like to promote on SSRN?
The Draft Common Frame of Reference, Public Policy, Mandatory Rules and the Welfare State
The Harmonisation of Contract Law in Europe by Means of the Horizontal Effect of Fundamental Rights?
SMEs in European Contract Law: Background Note for the European Parliament on the Position of Small and Medium-Sized Enterprises (SMEs) in a Future Common Frame of Reference (CFR) and in the Review of the Consumer Law Acquis
Common Frame of Reference & Social Justice
A Bargaining Power Theory of Gap-Filling
Free Movements and Contract Law
The Constitution of a Common Frame of Reference for European Contract Law
By Chantal Mak
Who Has a Stake in European Contract Law?
The European Economic Constitution, Freedom of Contract and the DCFR
EU Fundamental Rights, EC Freedoms and Private Law