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13 - Private Power

from Part III - Transactions and Risk: Private Law and the Market

Published online by Cambridge University Press:  09 April 2021

Stefan Grundmann
Affiliation:
European University Institute, Florence
Hans-W. Micklitz
Affiliation:
European University Institute, Florence
Moritz Renner
Affiliation:
Universität Mannheim, Germany
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Summary

This chapter deals with the question of how constellations of private power are addressed by private law. Private law is often conceived as governing the relations of free and equal citizens (see Chapter 6). In reality, however, some private actors are more powerful than others; large corporations may have more bargaining power than their customers or employees. Competition between different market actors is never perfect and many markets, for example in the tech industry, are dominated by only a small number of players.

Type
Chapter
Information
New Private Law Theory
A Pluralist Approach
, pp. 248 - 260
Publisher: Cambridge University Press
Print publication year: 2021

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References

Böhm, Franz, ‘Democracy and Economic Power’, in Institut für ausländisches und internationales Wirtschaftsrecht an der Johann-Wolfgang-Goethe-Universität Frankfurt am Main (ed.), Kartelle und Monopole im modernen Recht (Karlsruhe: C. F. Müller, 1960), pp. 2546Google Scholar
Foucault, Michel, ‘Truth and Power’, in Colin Gordon (ed.), Power/Knowledge: Selected Interviews and Other Writings 1972–1977 (New York: Pantheon Books, 1980), pp. 109–33Google Scholar
Foucault, Michel, Discipline and Punish: The Birth of the Prison (2nd ed., New York: Vintage Books, 1995)Google Scholar
Lukes, Steven, Power: A Radical View (2nd ed., Basingstoke: Palgrave Macmillan, 2004)Google Scholar
Tadros, Victor, ‘Between Governance and Discipline: The Law and Michel Foucault’, 18 Oxford Journal of Legal Studies 75103 (1998)CrossRefGoogle Scholar

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