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Freedland, Mark --- "Private Law, Regulation and Governance Design and the Personal Work Contract" [2008] ELECD 196; in Cafaggi, Fabrizio; Muir Watt, Horatia (eds), "Making European Private Law" (Edward Elgar Publishing, 2008)

Book Title: Making European Private Law

Editor(s): Cafaggi, Fabrizio; Muir Watt, Horatia

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781847201980

Section: Chapter 9

Section Title: Private Law, Regulation and Governance Design and the Personal Work Contract

Author(s): Freedland, Mark

Number of pages: 8

Extract:

9. Private law, regulation and governance
design and the personal work contract
Mark Freedland

1. INTRODUCTION
In this Introduction, I firstly identify the main questions which seem to me to
be at stake in the present project, and secondly suggest ways in which a focus
upon the law of personal work contracts may be useful in pursuing those ques-
tions. In short it will be suggested that the law of personal work contracts
provides a useful focus both because, on the one hand, it is a category which
cuts across those of European Private Law and of Regulation, casting useful
doubt on the integrity of those categories, and because, on the other hand, it is
an area of law which is highly political, so that a focus upon this area illumi-
nates an underlyingly political aspect of the whole discussion with which the
project is concerned.
The main questions which this project seems to me to present are these:

1. What is the significance of the current initiatives towards the development
or harmonisation of European Private Law as a conceptual and practical
category?
2. What are the implications of thinking of European Private Law as a
species of Regulation or regulatory activity?
3. What governance mechanisms are most appropriate for the benign or
effective development of European Private Law?

In order to show more specifically how a concentration upon the law of
personal work contracts usefully focuses discussion of those questions, it is
important to explain the nature of this ...