Five Variations of Transformative Law: Beyond Private and Public Interests

Research output: Contribution to journalJournal articleResearchpeer-review

74 Downloads (Pure)

Abstract

The regulation of the interfaces of private and public interests is a central and recurrent issue of modern law. The centrality of the distinction and the manifold conceptual and practical problems associated with it has moreover been exacerbated over the past fifty years through the dominance of the twin-episteme of law constituted by law and economics and human rights law. Against this background, an alternative approach to and concept of law, transformative law, is briefly introduced. An approach which implies replacing the notions of private and public interests with the concepts of legally constituted public power and societal power. In order to analyse the potential and limits of transformative law, five legal phenomena, central to the other contributions to this special issue, are analysed: public interest litigation; legal mobilisation in the preliminary ruling procedure; bankruptcy proceedings; third-party litigation and the Meta Oversight Board.
Original languageEnglish
JournalErasmus Law Review
Volume16
Issue number2
Pages (from-to)140-146
Number of pages7
ISSN2210-2671
DOIs
Publication statusPublished - 2023

Keywords

  • Transformative law
  • Private and public interests
  • Societal and public power
  • Human rights law
  • Law and economics

Cite this