Journal article

Civil Society Constitutionalism: The Power of Contract Law

    2007
Published in:
  • Indiana Journal of Global Legal Studies. - 2007, vol. 14, no. 2, p. 235-258
English This article argues that the vision of a social law of contract is exhibited in the judgment of the Swiss Federal Court in Post v. Verein gegen Tierfabriken (“VgT”). The judgment is one of a law of contract that interacts with a community of the subjects instead of the individual subjects of a community. This paper contends that law today has the task of providing for the areas of social autonomy from which “civil society” is built up and in which, at the same time, the increasing social fragmentation can be overcome piecemeal. The article argues that conceiving contract law as civil society constitutionalism, as the constitution not of the state but of society, is the jurisprudential task for our time.
Faculty
Faculté de droit
Language
  • English
Classification
Law
Other electronic version

Publisher's version

License
License undefined
Identifiers
  • RERO DOC 12791
Persistent URL
https://folia.unifr.ch/unifr/documents/301309
Statistics

Document views: 7 File downloads:
  • Civil_Society_Constitutionalism.pdf: 1