Proportionality is a ubiquitous concept in law. While mostly associated with fundamental
rights review, it also plays an important role in private law. In this context, proportionality …

Proportionality has many faces. Some view it as a legal technique that embraces the
indeterminacy of legal decision-making and underscores the need to choose between …

Proportionality in private law is subject to changing and contextual interpretations. It is
enshrined in procedural laws around the world, implicitly or expressly, as a principle or …

The conflict between external and internal perspectives in private law is both exaggerated
and underplayed. Both external and internal perspectives pay too little attention to how the …

Introduction: Beyond the State? Rethinking Private Law Page 1 \\server05\productn\C\COM\56-3\COM302.txt
unknown Seq: 1 24-JUN-08 9:55 NILS JANSEN* AND RALF MICHAELS** Beyond the State …

This paper seeks to explore the horizontal application of fundamental rights from a private
law perspective, asking whether and to what extend this practice might assist or frustrate …

This paper discusses the legitimacy of general principles of private law as they have been
formulated recently by the Court of Justice of the European Union and proposed by the …

Most private law theorists claim to analyze private law from an internal point of view; a
vantagepoint within which private law doctrine, institutions and procedure enjoy pride of …

When lawyers turn to other disciplines in the social sciences and humanities for guidance,
they usually do so in pragmatic spirit: they want answers to particular difficult questions. This …

This chapter explores the relationship between private and public law. In civil law countries,
the public-private distinction serves as an organizing principle of the entire legal system. In …