Autonomy and Regulation in Private Law
Prof. Hans MICKLITZ
Monday, 15.00-17.00, Sala Triaria
Administrative Assistant: Marlies Becker
Starts on 3 October 2011
Freedom of contract, private autonomy and autonomie de la volonté form the ideological and theoretical basis of private law. Regulation, statutory regulation or regulation via supranational or international bodies restrict private autonomy, freedom of contract and autonomie de la volonté. The purpose of the seminar is to rethink this distinction which does not fully catch the picture of private law today. Autonomy could be regarded as regulated or embedded autonomy. Regulation cannot be equated with statutory regulation, as private regulation is also regulation. Europeanisation and globalisation blur the boundaries of the distinction between autonomy and regulation. Catchwords are: private law beyond the state, the public-private law divide, constitutionalisation of private law, fragmentation or harmonisation, private law as a spontaneous legal order, regulatory private law, regulatory capitalism, or in more old fashioned terms: Funktionswandel des Privatrechts (the changing function of private law), or private ordering, regulating contracts. We want to clarify and deepen the understanding of both concepts, autonomy and regulation.
The format: The seminar will closely follow the texts. Each student is requested to send in 1 day before each session a one page reaction to the text with reactions and questions.