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SSRN Electronic Journal
Article . 2016 . Peer-reviewed
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Justice Through European Private Law

Authors: Chantal Mak;

Justice Through European Private Law

Abstract

To what extent should judges in civil cases take into account moral views in their adjudication of a case? The answer to this question depends on the way in which the relationship between law and morality is conceived of: If law is seen as a branch of political morality, judges should already take into consideration moral views when defining the legal question that is at stake in a case. If, on the other hand, law and morality are understood as related, but not completely overlapping, then societal moral views will be of lesser significance in deciding the legal question at issue. On the basis of examples taken from different European countries (the Netherlands, England, Spain) and the case law of the Court of Justice of the European Union, this text explores ideas of law, morality and justice that find expression in judgments in civil cases in the EU. It is submitted that, while judges should in principle not interfere with questions of personal morality, they may be required to acknowledge the implications of a society’s political morality for a specific private legal dispute.

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
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