Aditi Bagchi (Fordham University School of Law) has posted The Challenges of Radical Reform in Pluralist Democracies on SSRN. Here is the abstract:
Martijn Hesselink proposes a new European charter of private law that would correct the deficiencies in private law identified by Katharina Pistor. While Hesselink aims to achieve radical reform by way of radical democracy, this symposium article argues that radical democracy is unlikely to realize a radically progressive vision of private law. Citizens of wealthy, postindustrial democracies lack certainty about both the material consequences of reform and the demands of justice. Because their caution renders them averse to far-reaching, bundled reform packages, public discourse in postindustrial societies as we find them is more likely to produce incremental than radical substantive reform.
Recommended.