Beyond Enchantment—The Possibility of a New European Private Law

Summary:

This article discusses private law. The article invites reflection on a set of problems that decision makers face when designing legal frameworks for federal policies. It is argued in the article that the scholarly discourse on the common rules bars the way to intelligent understanding and resolution of these problems. The article proposes a framework that should inspire a pragmatic way of thinking about private law Europeanisation.

The article first identifies the  essentials of the legal comparative work in the service of making a European private law. It then challenges the way comparativists understand their task. It suggests that scholarly work that is needed in relation to the making of Europe’s private law should not be about improving the orthodox discourse, but about profoundly changing it altogether.

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