Pluralism in European Private Law

Abstract

This article takes stock of legal pluralist thinking in European private law. In which ways have existing theories brought forward our understanding of lawmaking in European private law? Central to that debate are the competing rationalities of EU internal market law, on the one hand, and national, juridical systems of private law on the other hand. An analysis of norms, processes, and actors involved in lawmaking in European private law reveals a field that has matured, but that is now at the threshold of a re-evaluation and potentially a transformation in lawmaking from ordered to strong legal pluralism, with a greater role for private regulation.

Crypto communities as legal orders

“…In terms of the elements of a legal order mentioned before, all these elements seem to be present. According to the theory of legal pluralism, human beings are members of different legal orders simultaneously, of which the state legal order is only one (Mak, 2018;Tamanaha, 2008).…”