Private Law Beyond the State? Europeanization, Globalization, Privatization
Bibliographic Data
| ID | 8024400 |
|---|---|
| Authors | Ralf Michaels (0000-0003-2143-3094, Max Planck Institute for Comparative and International Private Law), Nils Jansen (0000-0002-3334-7786, University of Münster) |
| Year | 2006 |
| Volume | 54 |
| Issue | 4 |
| Pages | 843-890 |
| Publication date | 2006-01-01 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | The American Journal of Comparative Law (JOURNAL) |
| Journal identifiers | ISSN: 0002-919X • E-ISSN: 2326-9197 |
| Publisher | Oxford University Press (OUP) (PUBLISHER) |
| DOI | 10.1093/ajcl/54.4.843 |
| OpenAlex | W1553287066 |
| Language | EN |
| Citations received | 13 |
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
Categorization · Comparative law · Economics · Epistemology · Globalization · Law and economics · Order (exchange · Political science · Private law · Relation (database · Sociology · State (computer science · Subject (documents · Computer Science · Conflict of Laws and Jurisdiction · Corporate Governance and Law · European and International Contract Law · Law
Authoritarian Liberalism and the Transformation of Modern Europe
Theorizing Transnational Legal Ordering
Global Legal Pluralism
Global Panopticism
Introduction
The True Lex Mercatoria
Clash of Paradigms
Standard Form Contracts as Transnational Law
The Empire Strikes Back!’ An Uncanny View of the European Union. Part II – Empire, Federation or What
Corporate interests within transnational advocacy networks
Capital's global rule
Statehood in the digital age1
The Second Wave of Comparative Law and Economics
| Unique citing works | 13 |
|---|---|
| Citations per year | 0,68 |
| Citation span | 2007 - 2021 (15) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 13 |