Download This PaperLaw and Politics after Wightman Taking Stock of Neo-Formalism in the EU
Published in: The Transformation of Economic Law. Essays in Honour of Hans-W. MicklitzEditor(s): Lucila de Almeida, Marta Cantero Gamito, Mateja Djurovic, Kai Peter Purnhagen
Amsterdam Law School Research Paper No. 2019-27
Centre for the Study of European Contract Law Working Paper No. 2019-07
12 Pages Posted: 14 Jul 2019
Date Written: July 12, 2019
Abstract
In this contribution we, somewhat playfully, ask if there is anything we can learn from reading Whitman and Others through the prism of Kennedy’s Three Globalisations of Legal Thought. In order to undertake this analysis, we will first, in Part II, set out the fundamental characteristics of Classical Legal Thought, The Social and Neo-Formalism. We then discuss the judgment Wightman and Others, before proceeding to analyse the judgment in light of Kennedy’s Three Globalisations in Part IV. The main issue that we aim to shed light on is the relation between law and politics in the EU after Wightman. We will explore different legal consciousnesses that seem to co-exist in this judgment, each of which re-establishes the relationship between law and politics in the EU.
Keywords: European Private Law, Micklitz, Wightman, Neo-Formalism, European Union
JEL Classification: K33
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