What approach to the interpretation of private contractual obligations should courts adopt? Could the application of law affect the so called welfare state?*
Is private law dominated by savage capitalism? Is justice something that can be bought? Currently we are witnessing a conflict between opposing approaches to the interpretation and application of the law. On one view, the concept of justice, should be taken into account when judges decide legal case...
Saved in:
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
2018
|
| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=6576322 |
| Source: | Estudios de Deusto: revista de la Universidad de Deusto, ISSN 0423-4847, Vol. 66, Nº. 1, 2018, pags. 161-169 |
| Tags: |
Add Tag
No Tags: Be the first to tag this record
|
| Summary: |
Is private law dominated by savage capitalism? Is justice something that can be
bought? Currently we are witnessing a conflict between opposing approaches to the
interpretation and application of the law. On one view, the concept of justice, should
be taken into account when judges decide legal cases. The alternative view favours
legal certainty and the literal interpretation of contracts whether the outcome is just
or not. In this lecture we consider these conflicting approaches and analyse what
could be the consequences. One consequence could be increasing inequality between
citizens, and consequently the concept of “the welfare state” being put at risk. |
|---|