A Social Dimension in European Private Law The Call for Setting a Progressive Agenda

Fernanda Nicola


I. The Europeanization of Private Law: Legal Sources, Ideology and Process: 1. Legal Sources in European Private Law. 2. Technocracy at work: What is the Common Frame of Reference? 3. The Ideological Divide: Neo-liberalism versus Social Justice in European Contract law. 4. The Social Justice Manifesto and the Legitimacy of the Process. 5. The Scholarly Industry and its Dark Sides. II. Social contract law and Social Europe, part of the problem or part of the solution?: 1. The "Social" Critique of Formalism in Contract Law and its historical inadequacy. 2. The Critique of the Social and its erasure in the Manifesto. 3. Social Europe: A Solution or a Competitive Hegemonic Project? 4. Social Europe versus Socialist Europe. III. Setting a Progressive Agenda in European Private Law: 1. Re-politicizing the Process. 2. Toward a Transformative Agenda for European Private Law. 3. Restructuring the Field: Con- stitutions and Codes. 4. Restructuring the Field: Whose Access to Justice? 5. Diversity and Distribution: Why should we care?