Human Rights in Private Law

Forthcoming in: Marija Bartl, Laura Burgers and Chantal Mak (eds) Uncovering European private law. European private law handbook.

Amsterdam Law School Research Paper No. 2022-51

Amsterdam Centre for Transformative private law Working Paper No. 2022-10

14 Pages Posted: 16 Dec 2022

See all articles by Chantal Mak

Chantal Mak

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

Date Written: December 16, 2022

Abstract

This Chapter introduces the academic debate on the role of human rights in private law for an audience of Master students in transnational and European private law. It first explores the ways in which dignity may provide a foundation for extending human rights protection to private legal relations and sets out the legal context in which the ‘constitutionalisation of private law’ has developed, both nationally and under European law. Subsequently, the societal relevance of these legal developments is analysed and mapped according to three strands in the academic discourse in the field: one that holds that constitutionalisation does not provide a new view on private law, a second that sees a role for human rights in pursuing social justice in private law, and a third that considers private law to contribute to the constitutional imagination of Europe.

Keywords: European private law, human rights, dignity, social justice, European Union

JEL Classification: K10, K30

Suggested Citation

Mak, Chantal, Human Rights in Private Law (December 16, 2022). Forthcoming in: Marija Bartl, Laura Burgers and Chantal Mak (eds) Uncovering European private law. European private law handbook., Amsterdam Law School Research Paper No. 2022-51, Amsterdam Centre for Transformative private law Working Paper No. 2022-10, Available at SSRN: https://ssrn.com/abstract=4304817 or http://dx.doi.org/10.2139/ssrn.4304817

Chantal Mak (Contact Author)

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

P.O. Box 1030
Amsterdam, 1000 BA
Netherlands

University of Amsterdam - Faculty of Law ( email )

Amsterdam, 1018 WB
Netherlands

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