Title: Civil society constitutionalism : the power of contract law
Authors : Amstutz, Marc
Abegg, Andreas
Karavas, Vaios
Published in : Indiana journal of global legal studies
Volume(Issue) : 14
Issue : 2
Pages : 235
Pages to: 258
Publisher / Ed. Institution : Indiana University Press
Issue Date: 2007
License (according to publishing contract) : Licence according to publishing contract
Type of review: Peer review (publication)
Language : English
Subject (DDC) : 346: Private law (CH)
Abstract: 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.
Departement: School of Management and Law
Organisational Unit: Center for Public Commercial Law (ZOW)
Publication type: Article in scientific journal
ISSN: 1080-0727
1543-0367
URI: http://www.repository.law.indiana.edu/ijgls/vol14/iss2/3/
https://digitalcollection.zhaw.ch/handle/11475/12653
Appears in Collections:Publikationen School of Management and Law

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