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What is Transformative Law?

European Law Open 1 (4):760 - 780 (2022)

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  1. Five Variations of Transformative Law: Beyond Private and Public Interests.Poul F. Kjaer - 2023 - Erasmus Law Review 16 (2):1 - 7.
    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 (...)
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  • From conflicts law to transformative law: facing ‘fragmented globalisation’.Poul F. Kjaer - 2024 - European Law Open 3.
    How does ‘Europe’ cope with its dark past and how does it handle its internal conflicts and contradictions? This is the question at the heart of Christian Joerges’ 600-page opus magnum Conflict and Transformation. Essays on European Law and Policy where he advances his reconceptualization of EU law as a particular form of conflicts law as his answer. But the problem constellation the EU is faced with in today’s world is well-beyond what can be encapsulated by a conflicts law perspective. (...)
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