Book contents
- New Private Law Theory
- New Private Law Theory
- Copyright page
- Contents
- Preface
- New Private Law Theory
- Part I Methods and Disciplines
- Part II Social Ordering, Constitutionalism and Private Law
- Part III Transactions and Risk: Private Law and the Market
- 11 Negotiation, the Function of Contract and the ‘Justice of Consensus’
- 12 Knowledge and Information
- 13 Private Power
- 14 Non-discrimination
- 15 Risk, Tort and Liability
- 16 Digital Architecture of Private Law Relations
- 17 Between Market and Hierarchy
- Part IV Persons and Organizations
- Part V Private Law (Rule-Setting) beyond the State
- Index
- References
13 - Private Power
from Part III - Transactions and Risk: Private Law and the Market
Published online by Cambridge University Press: 09 April 2021
- New Private Law Theory
- New Private Law Theory
- Copyright page
- Contents
- Preface
- New Private Law Theory
- Part I Methods and Disciplines
- Part II Social Ordering, Constitutionalism and Private Law
- Part III Transactions and Risk: Private Law and the Market
- 11 Negotiation, the Function of Contract and the ‘Justice of Consensus’
- 12 Knowledge and Information
- 13 Private Power
- 14 Non-discrimination
- 15 Risk, Tort and Liability
- 16 Digital Architecture of Private Law Relations
- 17 Between Market and Hierarchy
- Part IV Persons and Organizations
- Part V Private Law (Rule-Setting) beyond the State
- Index
- References
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 TheoryA Pluralist Approach, pp. 248 - 260Publisher: Cambridge University PressPrint publication year: 2021