Private Law 2.0: On the Role of Private Actors in a Post-National Society

Hague Institute for the Internationalisation of Law and Eleven International Publishing, 2011

Maastricht Faculty of Law

24 Pages Posted: 6 Mar 2011 Last revised: 7 Mar 2011

See all articles by Jan M. Smits

Jan M. Smits

Maastricht University Faculty of Law - Maastricht European Private Law Institute (M-EPLI)

Date Written: November 30, 2010

Abstract

This paper - delivered as the author's inaugural lecture on the 2010-2011 Maastricht-HiiL Chair on the Internationalisation of Law and therefore directed towards a general audience - challenges the prevailing paradigm that people's rights and obligations are primarily set by national law. The State monopoly in setting the law is rapidly being replaced by a multitude of new lawmakers that do not only include European and supranational institutions, but also private organisations. This phenomenon leads to the normative question how to deal with this emerging post-national private law. The approach chosen in this lecture is a functional one: the idea of codification is unpacked in terms of its functions. This means that it is established to what extent the functions that national codification of private law had in the past can be met in a different way in the future. To this end, attention is also paid to the role of legislators, private actors and law professors.

Keywords: Post-National Law, Codification, Private Actors, Future of Private Law

JEL Classification: K00

Suggested Citation

Smits, Jan M., Private Law 2.0: On the Role of Private Actors in a Post-National Society (November 30, 2010). Hague Institute for the Internationalisation of Law and Eleven International Publishing, 2011; Maastricht Faculty of Law. Available at SSRN: https://ssrn.com/abstract=1779042

Jan M. Smits (Contact Author)

Maastricht University Faculty of Law - Maastricht European Private Law Institute (M-EPLI) ( email )

P.O. Box 616
Maastricht, NL-6200 MD
Netherlands

HOME PAGE: http://www.jansmits.eu

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