Private Law Beyond the State? Europeanization, Globalization, Privatization

50 Pages Posted: 15 Jan 2007

See all articles by Ralf Michaels

Ralf Michaels

Max Planck Institute for Comparative and International Private Law

Nils Jansen

University of Muenster

Abstract

Although the changing relation between private law and the state has become the subject of many debates, these debates are often unsatisfactory. Concepts like 'law', 'private law', and 'globalization' have unclear and shifting meanings; discussions are confined to specific questions and do not connect with similar discussions taking place elsewhere. In order to initiate the necessary broader approach, this article brings together the pertinent themes and aspects from various debates. It proposes a conceptual clarification of key notions in the debate - private law, state, Europeanization, globalization, and privatization - that should be of use beyond the immediate purposes of the rest of the article. And it suggests how one should analyze and categorize both the problems the modern developments create and the solutions that these problems might call for. It does not attempt to analyze which solution is the best one. But in unveiling common structures, both within and between the various debates, the article should help significantly in providing the further discussion of these solutions with a more rational framework.

Suggested Citation

Michaels, Ralf and Jansen, Nils, Private Law Beyond the State? Europeanization, Globalization, Privatization. American Journal of Comparative Law, Vol. 54, No. 4, 2006, Duke Law School Research Paper No. 137, Available at SSRN: https://ssrn.com/abstract=956948

Ralf Michaels (Contact Author)

Max Planck Institute for Comparative and International Private Law ( email )

Mittelweg 187
Hamburg, D-20148
Germany

Nils Jansen

University of Muenster ( email )

Institut für Rechtsgeschichte
Universitätsstraße 14-16
Münster, D-48143
Germany

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