The challenge of radical reform in pluralist democracies
Martijn Hesselink proposes a new European charter of private law that would correct the deficiencies in private law identified by Katharina Pistor. While Hesselink aims to achieve radical reform by way of radical democracy, this article argues that radical democracy is unlikely to realise a radicall...
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| Format: | Article |
| Language: | English |
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Cambridge University Press
2022-06-01
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| Series: | European Law Open |
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| Online Access: | https://www.cambridge.org/core/product/identifier/S2752613522000273/type/journal_article |
| _version_ | 1811156365101498368 |
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| author | Aditi Bagchi |
| author_facet | Aditi Bagchi |
| author_sort | Aditi Bagchi |
| collection | DOAJ |
| description | Martijn Hesselink proposes a new European charter of private law that would correct the deficiencies in private law identified by Katharina Pistor. While Hesselink aims to achieve radical reform by way of radical democracy, this article argues that radical democracy is unlikely to realise a radically progressive vision of private law. Citizens of wealthy, post-industrial democracies lack certainty about both the material consequences of reform and the demands of justice. Because their caution renders them averse to far-reaching, bundled reform packages, public discourse in post-industrial societies as we find them is more likely to produce incremental than radical substantive reform. |
| first_indexed | 2024-04-10T04:50:17Z |
| format | Article |
| id | doaj.art-414f2e6ad48d404d88c5cf78449df3f9 |
| institution | Directory Open Access Journal |
| issn | 2752-6135 |
| language | English |
| last_indexed | 2024-04-10T04:50:17Z |
| publishDate | 2022-06-01 |
| publisher | Cambridge University Press |
| record_format | Article |
| series | European Law Open |
| spelling | doaj.art-414f2e6ad48d404d88c5cf78449df3f92023-03-09T12:32:19ZengCambridge University PressEuropean Law Open2752-61352022-06-01137437910.1017/elo.2022.27The challenge of radical reform in pluralist democraciesAditi Bagchi0https://orcid.org/0000-0002-9852-507XFordham University School of Law, New York City, USAMartijn Hesselink proposes a new European charter of private law that would correct the deficiencies in private law identified by Katharina Pistor. While Hesselink aims to achieve radical reform by way of radical democracy, this article argues that radical democracy is unlikely to realise a radically progressive vision of private law. Citizens of wealthy, post-industrial democracies lack certainty about both the material consequences of reform and the demands of justice. Because their caution renders them averse to far-reaching, bundled reform packages, public discourse in post-industrial societies as we find them is more likely to produce incremental than radical substantive reform.https://www.cambridge.org/core/product/identifier/S2752613522000273/type/journal_articleprivate lawdemocratic theorycapitalismradicalism |
| spellingShingle | Aditi Bagchi The challenge of radical reform in pluralist democracies European Law Open private law democratic theory capitalism radicalism |
| title | The challenge of radical reform in pluralist democracies |
| title_full | The challenge of radical reform in pluralist democracies |
| title_fullStr | The challenge of radical reform in pluralist democracies |
| title_full_unstemmed | The challenge of radical reform in pluralist democracies |
| title_short | The challenge of radical reform in pluralist democracies |
| title_sort | challenge of radical reform in pluralist democracies |
| topic | private law democratic theory capitalism radicalism |
| url | https://www.cambridge.org/core/product/identifier/S2752613522000273/type/journal_article |
| work_keys_str_mv | AT aditibagchi thechallengeofradicalreforminpluralistdemocracies AT aditibagchi challengeofradicalreforminpluralistdemocracies |