Context

Abstract

The chapter presents the states of play in the two debates which this book aims to bring together, i.e. European contract law and political philosophy, and is intended for those readers who are not familiar with these debates. The first section offers an introduction to the Europeanization of contract law. Its main purpose is to set the scene, as it were, without unduly framing the argument. Thus, it introduces the main milestones, players, acts, and controversies. The objective is to provide the reader with a general but concrete sense of what is meant by ‘European contract law’. The second section, similarly, provides a brief introduction to normative political philosophy. It sketches the main traits of some of the leading contemporary political theories, with a special focus on aspects relevant for (European) contract law. Finally, a third section further sets the scene by briefly presenting the various pluralities with which any contemporary theory of contract law is confronted, i.e. the variety of contract types that parties may conclude, the different systems of contract law existing in the Member States of the EU, and the various roles that contract law plays in our lives. The section concludes by briefly introducing the main stances one may adopt, as a law maker or as a theorist, towards these pluralities, i.e. monism, pluralism (constrained or unconstrained), and neutralism.