Enrico Scoditti

Private Law after the Season of Postmodernity

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Abstract

The complexity of the current season of private law cannot be reduced to the pattern of postmodernity to which some legal essays refer. Proof of this is the fact that a great narrative, such as the doctrine of negozio giuridico, offers the tools to deal with a highly topical issue, such as that of the unfair contract. Two classic subjects of the postmodern view of private law, consumer contracts and jurisdiction by general clauses, disclose the existence of a point of view that places itself after the same season of post-modernity and that marks the passage from a merely hermeneutic rationality to a normative one.

Keywords

  • Private Law
  • Postmodernity
  • Consumer Contracts
  • General Clauses
  • Normative Rationality

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