European private law and the challenge of plural legal subjectivities

This paper argues that the approach to questions of authority, legitimacy, and personal identity characteristic of contemporary European law presents a paradox. The power of the legal project that emerged after the French Revolution lay in its deployment of the notion of abstract legal subjectivity to challenge claimed authority. Much is made of the public law dimensions of this revolutionary moment - the creation of political constitutions establishing national citizenship and human rights standards. But the transposition of abstract legal subjectivity into the private law through national social constitutions like Civil Codes has been far less successful. Abstract legal subjectivity in public law regimes necessarily privileges some personal identities over others in its construction of citizenship. These privileged identities of public law citizenship limit how legal subjects can express their identities in the private law. The paper proposes an alternative, pluralist, theorization of the diverse, iterative character of everyday human interaction that gives content to the idea of legal subjectivity in the private law. It seeks to reconcile a public law of abstract, unitary citizenship with a private law of plural legal subjectivities in a manner that advances the project of democratic constitutionalism

Citizenship · Civil law (Civil law · Epistemology · Legal history · Legal pluralism · Legal profession · Legal realism · Municipal law · Philosophy of law · Political science · Politics · Private law · Public law · Sociology · Subjectivity · European and International Law Studies · Law · Law in Society and Culture

• Custom Made—For a Non-chirographic Critical Legal Pluralism

  Open Access•Roderick A Macdonald•Canadian Journal of Law and…•2011

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