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Conference “Private law and market regulation – interaction, interference or inconsistency?”

Friday 2 December 2016
Academy Building
Rapenburg 73
2311 GJ Leiden

Leiden Law School research conference

On December 2, 2016, the Leiden Law School Coherent Private Law research group will host a conference. Does industry compliance with the applicable regulatory framework generate specific benefits in private law, such as immunity from tort liability or a robust defence against claims in contract? Should the neglect of public law standards of conduct automatically translate into private law remedies such as contract nullity or breach of statutory duty? Or should civil adjudication be considered in isolation from the public law world? These questions are to be approached from a combined perspective of doctrinal coherence of private law doctrines and regulatory analysis of regulatory policy goals, instruments and trade-offs. Relevant insights from economic and other behavioural sciences are part and parcel of the analysis.

Private law and market regulation – interaction, interference or inconsistency?

In private law, markets are shaped and sustained generally by firmly established doctrines of contract, tort and property. In regulatory law, specific markets are moulded by distinct rules, standards and codes aimed at attaining certain policy objectives. These objectives vary from bolstering fair competition, protecting socio-economically weaker parties, reducing health and safety risks, fortifying trust and confidence and avoiding market instabilities. Regulatory regimes make use of dynamic instruments such as market entry requirements, rules and standards of conduct and many more other supervisory tools, whereas private law doctrines may seem static and at times perhaps even outdated and inadequate.

Against this background, how do the frameworks of private law and market regulation interact with private law doctrines? Do specific standards of conduct under regulatory law pre-empt common law duties? Should they? Does non-compliance with administrative rules automatically translate into civil law wrongs? Should it? Within private law, does the interaction with regulation lead to innovation or isolation? Unmistakably, the interplay between private law doctrines and regulation challenges the legal system’s consistency. Is this a matter of meaningful interaction or unproductive interference?

Scholars: call for papers

The Conference is organized by the Leiden Law School Coherent Private Law research group.
We invite scholars with a background in either law, economics, politics or regulatory studies broadly defined, who would like to present their paper to submit their papers within the conference topic. Scholars are invited to submit their abstracts before October 1, 2016 to coherentprivaatrecht@law.leidenuniv.nl . Abstracts are considered and the selected speakers are informed before October 5, 2016. Speakers will submit their papers by November 15, 2016 and commit to presenting on December 2, 2016 at Leiden Law School (travel costs and accommodation will be reimbursed to speakers).

Attending the conference

If you wish to attend the conference (no charge), please fill out this registration form.

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