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Private Law Beyond the State? Europeanization, Globalization, Privatization*

Private Law Beyond the State? Europeanization, Globalization, Privatization* AbstractAlthough 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 parallel 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. It also 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, this article should help significantly in providing the further discussion of these solutions within a more rational framework. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png American Journal of Comparative Law Oxford University Press

Private Law Beyond the State? Europeanization, Globalization, Privatization*

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References (34)

Publisher
Oxford University Press
Copyright
© 2007 by The American Society of Comparative Law, Inc.
ISSN
0002-919X
eISSN
2326-9197
DOI
10.1093/ajcl/54.4.843
Publisher site
See Article on Publisher Site

Abstract

AbstractAlthough 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 parallel 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. It also 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, this article should help significantly in providing the further discussion of these solutions within a more rational framework.

Journal

American Journal of Comparative LawOxford University Press

Published: Oct 1, 2006

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