The Many Concepts of Social Justice in European Private Law
by Hans-W. Micklitz (ed)

‘Anyone writing about justice must not only grapple with the complexities and difficulties raised by different conceptions of justice, and weigh arguments for and against competing conceptions, but also assert and uphold a stance as to the very concept of justice—that is, as to the demarcation of the sphere of consideration where the words “just” or “unjust” are relevant,’ Wojciech Sadurski observes in his contribution to this volume. If I were to raise a point of criticism on the book already at the outset of this review, it would be that its title, broad as it is, still seems to be too modest: in line with Sadurski’s insightful remark, the papers collected in The Many Concepts of Social Justice in European Private Law address what ‘social justice’ is about in European private law (ie the conceptual demarcation) as well as what is required by social justice in this field (ie conceptions of social justice).

As Hans Micklitz, who edited the volume, notes in his introductory chapter, the subject of ‘social justice in private law’ is not a new one. What this book aspires to add to the topic, and in my opinion successfully does, is ‘the idea that social justice must be read and understood in the relevant socio-economic and cultural context’. This is of particular relevance in the field of European private law, understood as comprising EU measures as well as national orders of private law. National private legal orders express and pursue goals of social justice that differ among Member States and may collide with the understanding of ‘social justice’ in EU legislation and case-law. Perhaps the most striking examples of such collisions of different ideas and ideals of social justice in European private law can be found in labour law and consumer law. Judgments of the Court …