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Civil Society Constitutionalism: The Power Of Contract Law, Marc Amstutz, Adreas Abegg, Vaios Karavas
Civil Society Constitutionalism: The Power Of Contract Law, Marc Amstutz, Adreas Abegg, Vaios Karavas
Indiana Journal of Global Legal Studies
This article argues that the vision of a social law of contract is exhibited in the judgment of the Swiss Federal Court in Post v. Verein gegen Tierfabriken ("VgT"). The judgment is one of a law of contract that interacts with a community of the subjects instead of the individual subjects of a community. This paper contends that law today has the task of providing for the areas of social autonomy from which "civil society" is built up and in which, at the same time, the increasing social fragmentation can be overcome piecemeal. The article argues that conceiving contract law …
The Making Of Transnational Contract Law, Graf-Peter Calliess
The Making Of Transnational Contract Law, Graf-Peter Calliess
Indiana Journal of Global Legal Studies
The definition and creation of contract law is entrenched in a common understanding of the strong role of the modern state in the administration of justice. This article argues that this understanding is currently subject to a fundamental transformation as a result of the increasing demand for legal certainty in cross-border transactions. Traditional concepts of private international law, mainly the law of conflicts and multilateral treaty harmonization, have proven unable to keep pace with globalization, allowing private actors to step in and gain a dominant position in providing legal services to international commerce. The resulting privatization of lawmaking leads to …