Law 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

See all articles by Marija Bartl

Marija Bartl

University of Amsterdam - Centre for the Study of European Contract Law (CSECL)

Keiva Carr

European University Institute

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

Suggested Citation

Bartl, Marija and Carr, Keiva, Law and Politics after Wightman Taking Stock of Neo-Formalism in the EU (July 12, 2019). 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. Available at SSRN: https://ssrn.com/abstract=3418913

Marija Bartl (Contact Author)

University of Amsterdam - Centre for the Study of European Contract Law (CSECL) ( email )

P.O. Box 1030
Amsterdam, 1000 BA
Netherlands

Keiva Carr

European University Institute ( email )

Villa Schifanoia
133 via Bocaccio
Firenze (Florence), Tuscany 50014
Italy

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