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This book proposes a new analysis of the transformation of Europe through integration, exactly 30 years after the beginning of transformation scholarship. It consists of a reconstruction of the development and present condition of European integration in relation to private ordering. Looking at the interface between, on the one hand, the EU constitutional order and, on the other hand, private ordering, the book recounts three major structur...

This book provides a ground-breaking reading, both comparative and historical, of the structure and transformation of private law in continental Europe. In doing so it reconstructs a hermeneutical praxis that is (it is argued) at the core of private law: the balancing of conflicting interests and normative considerations. The book makes three key arguments, firstly that 'balancing' in private law is a not merely an analytical process but inste...

This new book considers the European codification project in light of a series of broader analytical frameworks - comparative, historical and constitutional - which make modern codification intelligible.

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