Hugh Collins became the Vinerian Professor of English Law in 2013. He obtained his BA (1974) and BCL (1975) from Pembroke College, Oxford, and an LLM (1976) from Harvard Law School. He was a Fellow in law at Brasenose College, Oxford from 1976 to 1990, when he became the Professor of English Law at the London School of Economics, where he was also head of the department of law for two terms of office. He has been a Visiting Professor at New York University Law School and Boston University Law School. He served as a member of the editorial committee of The Modern Law Review from 1991-2015, including a term as General Editor, and as a founder and editor of the European Review of Contract Law. He was elected a Fellow of the British Academy in 2006.
- Should laws against discrimination apply to all economic and social relations? Or should there be a sphere of private, personal or intimate relations to which the laws of discrimination do not apply. The chapter answers yes to that question and investigates why there should be such an unregulated sphere and how extensive it should be from a philosophical perspective.ISBN: 978-1-138-92874-9Introduces some of the key controversies about indirect discrimination (disparate impact) law including: the paradox that this law determines that some equal treatment is discriminatory; whether indirect discrimination law is properly understood as part of discrimination law; whether indirect discrimination is morally wrong, and if so, whether the wrong is the same as that applicable to direct discrimination; whether there is a coherent distinction between direct and indirect discrimination law; and the strengths and weaknesses of the principal justifications for the law of indirect discrimination.ISBN: 978-1-50991-254-4ISBN: 978-1-50991-254-4Should laws against discrimination apply to all economic and social relations? Or should there be a sphere of private, personal or intimate relations to which the laws of discrimination do not apply. The chapter answers yes to that question and investigates why there should be such an unregulated sphere and how extensive it should be from a philosophical perspective.ISBN: 978-1-138-92874-9Introduces some of the key controversies about indirect discrimination (disparate impact) law including: the paradox that this law determines that some equal treatment is discriminatory; whether indirect discrimination law is properly understood as part of discrimination law; whether indirect discrimination is morally wrong, and if so, whether the wrong is the same as that applicable to direct discrimination; whether there is a coherent distinction between direct and indirect discrimination law; and the strengths and weaknesses of the principal justifications for the law of indirect discrimination.ISBN: 978-1-50991-254-4ISBN: 978-0-19-882527-2Argues that there is an inherent tension between some liberal values and the institution of the contract of employment that arises from subordination to the practical authority of the employer, which can only be resolved by labour law adopting a particular, worker-protective, legal framework for employment relations.ISBN: 978-0-19-882527-2What is the role of the element of justification in the law of indirect discrimination? Is the possibility of justification unique to indirect discrimination or does it generally apply to law of discrimination? It is argued that the justification element should be regarded as an intrinsic part of the constitution of the wrong of discrimination rather than a separate defence or exception. However, the justification element does not depend on the same moral reasons that require a law against discrimination, but rather rests upon an independent moral principle that respects the fundamental rights of those accused of discrimination.ISBN: 978-1-50991-254-4Examines the nature of EU contract law, with particular emphasis on its techno law characteristics of instrumentalism, functionalism, and incompleteness, with a view to explaining how it requires legimation and effectiveness by appeals to legal materials that consist mainly of fundamental rights drawn from the EU Charter of fundamental rights. This change in the source of law is revolutionary in the sense that it bases the regulation of private relations on rights rather than rules, and those rights are supra national sources of law.ISBN: 978-1-50991-324-4Examines the debates about the proper scope for the application of the EU Charter of Fundamental Rights to EU Contract Law, provides an introduction to the essays in the volume, and concludes by arguing that the Charter of Fundamental Rights will be used by the Court of Justice to provide foundations for a general EU contract law.ISBN: 978-1-78068-433-8An assessment of the strength of the challenges presented to the coherence and values of private law by the increasing tendency in many jurisdictions to use fundamental rights to question established doctrines in private law. The chapter argues that the idea of indirect horizontal effect does not really address this challenge, and that the central question remains about why some or all private actors should be duty-bearers with respect to fundamental rights.ISBN: 978-1-50990-858-5Examines the possibility that goods that are produced under conditions that involve violations of labour standards may not be regarding as conforming goods under the EU consumer sales law including proposals for a Consumer Sales Law and argues that many businesses that operate international supply chains make claims for the ethical sourcing of their products which generate expectations that a consumer might reasonably expect to be protected by the law.ISBN: 978-1-84946-544-1An examination of recent cases in England that use the concept of relational contracts with a view to using legal materials and social science materials drawn from economic and sociology in order to develop a clearer concept of the idea of a relational contract and to suggest the potential legal consequences that might flow from attaching that label to a particular transaction. The concept of relational contract developed here has three key aspects: a long-term business relationship with pay-offs that would normally ensure its continuation; the benefits of the relationship can only be obtained by co-operation and adaptation, so the terms of the contract are necessarily indeterminate; and the parties have implicit expectations of performance obligations based upon commitment to the success of the project. The main legal consequences arising from the label of relational contract are likely to be the implication of terms requiring various types of co-operation and the avoidance of actions likely to undermine mutual trust and confidence.ISBN: 9780455237688The chapter argues that the law of the contract of employment has become central to the legal reasoning of employment law and that a central problem now for the subject is to establish a suitable measure of autonomy or separation from general contract law in order to address the special features of the employment relation.ISBN: 978-1-84946-621-9The essay assesses and seeks to refute five common objections to the existence of a right to work, namely that its meaning is imprecise, recognition is impracticable, it is composed of inconsistent types of rights, that it is merely instrumental towards the achievment of more fundamental rights, and that the values the right pursues are incoherent.ISBN: 978-1-84946-510-6ISBN: 978-1-84946-591-5An investigation of the extent to which UK law now recognises a legal right to work as a result of developments in anti-discrimination law, human rights law and the law of the EU.ISBN: 978-1-84946-510-6ISBN: 978-0-19-871210-7ISBN: 1849464855In this investigation of the relational character of the contract of employment, it is argued that the best way for courts to interpret these contracts is by ensuring that three perspectives are always incorporated into the construction of the meaning of the contract: contractual rationality, economic rationality, and relational rationality.ISBN: 978-1-137-26926-3ISBN: 9781849463300ISBN: 9781849802604ISBN: 9781849460651When the EC/EU was founded, it was believed that it would be unnecessary in the common market to regulate labour relations at the federal level, and also politically very difficult because each country had established a delicate legal balance between the interests of capital, labour, and government (the taxpayer). But this arrangement is probably no longer possible because of the free market in services and the growth of the service economy. Creating an EU labour law that balances the relative interests of the groups could present the EU with its greatest challenge so far, not just because it is politically controversial (both in the sense that the rules will be disputed and in the sense that many will dispute that the EU has a role at all), but also because it is doubtful that common rules would be suitable for the variety of capitalist institutional arrangements in the different countries, particularly the divergence between the corporatists arrangements of Germany and Scandinavia, on the one hand, and the more liberal market approach in the UK. But the EU would be well advised not to go down the route of the USA and its federal labour law for a number of reasons ? the uniform straightjacket has atrophied employment law, failed to adapt to a service economy, and also failed (as the recent health reform problems demonstrated) to join up labour market regulation with the development of a welfare system. So the EU needs to find some paradoxical solution which both achieves a uniform federal solution but at the same time is sensitive to local difference and capable of evolution. No easy task.ISBN: 9788293081289ISBN: 9780199693610ISBN: 9783899495010ISBN: 9781841139456ISBN: 9781847201980ISBN: 9789041127846ISBN: 9789041125934ISBN: 9781905221288ISBN: 9041124101ISBN: 9781841135953ISBN: 9041124322ISBN: 8814119309ISBN: 199287031ISBN: 9041122249ISBN: 0199264074ISBN: 1841133493ISBN: 1841133493ISBN: 1841133493ISBN: 1841134384ISBN: 8814109567ISBN: 9041118535ISBN: 019924247XISBN: 9783110170030ISBN: 0444858202ISBN: 0198265980ISBN: 9780198292661ISBN: 0198262280ISBN: 1855216949ISBN: 1854316028ISBN: 0853158290ISBN: 1855212463ISBN: 0198259999ISBN: 0198763190ISBN: 0198258275ISBN: 1855213192ISBN: 0198762690ISBN: 631144773ISBN: 198761961ISBN: 978-1-50991-254-4This interdisciplinary investigation by lawyers and philosophers explores the philosophical ideas, concepts, and principles that provide the found of labour or employment law. The book addresses doubts that have been expressed about whether a worker-protective labour law is needed at all, what should be regarded as the proper scope of the field in the light developments such as the integration of work and home life by means of technology, the globalization of the economy, and the precarious kinds of work that thrive in the gig economy. Paying particular attention to political philosophy and theories of justice, the contributions focus on four themes: I, freedom, dignity and human rights; II, distributive justice and exploitation; III, workplace democracy and self-determination; and IV, social inclusion.ISBN: 978-0-19-882527-2EUCOLATH European Contract Law and Theory Volume 2, series editors Stefan Grundmann, Hugh Collins, Fernando Gomez, Jacobien Rutgers, Pietro Siena.This is the first comprehensive analysis of the extent to which the Charter of Fundamental Rights of the European Union will influence the development of contract and commercial law at a European level. The essays in this volume examine how the Court of Justice of the European Union has already used the Charter to steer the law governing consumer transactions, financial contracts, contracts of employment, self-employment, tenancies and other contractual arrangements. They then proceed to assess the likely future impact of the Charter on EU contract law using a variety of legal, historical and theoretical perspectives. These original assessments by distinguished scholars range from claim that the Charter will only have a mild indirect influence to arguments that the Charter provides the necessary legal foundations for EU contract law and for a market society within a multi-level system of governance.ISBN: 978-1-78068-433-8ISBN: 9781849461740ISBN: 9789041127846ISBN: 9041122249ISBN: 1841133493ISBN: 9041198121European contract law requires goods marketed to consumers to satisfy various standards such as to be fit for the purposes for which such goods are ordinarily used and to possess such qualities and performance capabilities as the buyer may expect (Art. 100(g) Common European Sales Law (CESL)). Although the law tends to focus on the qualities of the goods in themselves, my question is whether the reasonable expectations of consumers include reference to the means of production up the supply chain and an expectation that the goods will not be produced through the use of labour that is employed under conditions that violate European Union (EU) labour laws, international labour standards, and human rights law. For instance,should consumers have the expectation that the clothes we purchase are not produced through child labour, or that the mobile phones we buy are not produced under working conditions that breach basic standards such as the International Labour Organization (ILO) and EU rules on working time, or that the tomatoes we eat are not picked by labourers working under conditions of servitude contrary to Article 4 of the European Convention of Human Rights? If consumers have such expectations and EU contract law can protect them, the law may provide a vehicle for addressing some of the worst instances of labour exploitation worldwide.DOI: 10.1093/clp/cuu002With the aim of clarifying English law of implied terms in contracts and explaining their basis in the idea of good faith in performance, it is argued first that two, but no more, types of implied terms can be distinguished(terms implied in fact and terms implied by law), though it is explained why these types are frequently confused. Second, the technique of implication of terms is distinguished in most instances from the task of interpretation of contracts. Third, it is argued that ideas of good faith and fair dealing should be acknowledged as central to the implication of terms,though different notions of good faith apply to terms implied in fact and terms implied by law. Finally, it is possible to identify a group of contracts(networks) that share an intensified economic logic of both competition and co-operation arising from their structure as a quasi-integrated production regime which require intensified duties of loyalty and co-operation implied by law.Arguments in favour of the creation of a civil code for the European Union are usually framed in terms of the internal market agenda, which seeks to remove real or supposed obstructions to trade, such as the diversity of national laws. Although those arguments for a European civil code are found inadequate and to some extent misconceived, a different reason for the creation of a civil code consisting of principles rather than detailed rules is advanced, based on the idea that Europe needs to construct a transnational civil society that will provide the foundations for greater political solidarity between the peoples of Europe and thereby legitimate more effective transnational institutions of governance.DOI: 10.1093/indlaw/dws011ISBN: 0305-9332As a legal mechanism for doing justice between individuals under conditions of scarce resources, private law derives its legitimacy from both national governmental institutions that pursue a particular scheme of social justice and to a lesser and often overlooked extent from cosmopolitan principles of civil law. The cosmopolitan view of private law suggests that it is in an important sense found, not made, discovered by the exercise of reason, moral argument, and logical thought. It is not tied to any particular political structure, whether state, village or empire. European Union private law relies for its legitimacy almost entirely on its pursuit of a thin theory of justice concerning the enhancement of individual choice, which inevitably brings it into conflict with national private law systems that pursue broader schemes of social justice. Transnational commercial law (or the new lex mercatoria) also relies upon the narrow justification of the enhancement of cross-border trade, but its creation by private actors increases its efficacy and efficiency. Both European Union private law and transnational commercial law lack, however, adequate links to cosmopolitan principles of law and broad conceptions of social justice, with the effect that their legitimacy is weaker than that of national private law systems. The principal conclusion of this analysis is the contention is that the cosmopolitan strand of legitimacy, if it is to provide adequate support for transnational law, must realign itself with concerns about social justice.ISBN: 1614-9920An individual?s right to choose a contractual partner marks an intersection between fundamental rights and basic contract law. As a fundamental right, the freedom to choose is emblematic of individual liberty and personal autonomy, values that lie at the core of a liberal society.ISBN: 0023-9186This article examines the impact of human rights law on the implementation of contract law. While human rights law has focused on the relationship between citizen and state, the private law of contract has been viewed as governing the economic relations among citizens and business entities. The article examines the thesis that in Europe, this division is being broken down, as a result of two intellectual movements within legal thought.ISBN: 0959-6941DOI: 10.1111/j.1468-2230.2009.00785.xThis examination of the implementation of the European Union's Directive on Unfair Commercial Practices in the United Kingdom by the Consumer Protection from Unfair Trading Regulations 2008 assesses the likely impact on the national law governing the marketing practices of rogue traders, including its ambition to simplify and extend legal protection, and the likely success of the Directive in achieving the harmonisation of the laws and practices regulating marketing in Europe. In particular, the discussion evaluates the regulatory strategy of the Directive in its attempt to secure uniform laws through the combination of principles, rules, and concrete examples of prohibited practices. The paper also investigates the likely impact of the Regulations on the private law of contract and tort and the possibilities for improvements in a consumer's personal right of redress.ISBN: 0026-7961ISBN: 0040-6953DOI: 10.1515/ERCL.2009.474ISBN: 1614-9920DOI: 10.1515/ERCL.2009.71Intervening in the debate about the future of the European Union and the need for a balanced economic constitution that will consolidate a distinctive European social model, the essay argues that private law shares constitutional qualities with other public law sources such as abstract declarations of social and political rights, and that the construction of European private law is a necessary ingredient of the project for establishing a European economic constitution. In making this argument, the essay examines the concept of an economic constitution, its relation to the idea of a private law society, and the criticisms that have been made of the existing European economic constitution that it is unbalanced.ISBN: 1614-9920DOI: 10.1093/indlaw/dwl037Having suggested that the advent of standard form contracts of employment is a neglected aspect of employment law, an assessment is made of two of the main legal responses to the potential unfairness of terms, namely implied terms and the application of section 3 the Unfair Contract Terms Act 1977. The Law Commission's proposed legislative reform is also examined. It is concluded that only by combining terms implied by the law with the statutory protection of reasonable expectations of employees will the law succeed in devising an adequate technique for rebalancing contracts of employment.ISBN: 0305-9332DOI: 10.1515/ercl.2005.1.1.115,European social policy has increasingly sought to regulate the terms of contracts of employment. The methods of this regulation have often been distinctive with respect to the democratic processes leading to regulation, the procedures specified for permitting derogations from mandatory standards, and the wide application of a non-discrimination principle of fairness. It is argued that these regulatory techniques could be usefully employed to regulate some problems in contract law more generally in Europe.ISBN: 1614-9920ISBN: 9781841135618DOI: 10.1515/ERCL.2006.016ISBN: 1614-9939ISBN: 0026-7961ISBN: 1614-9920ISBN: 1351-5993ISBN: 1351-5993Evidence collected by the European Commission indicates that insofar as the diversity between laws of national legal systems presents an obstacle to trade in the Internal Market, the problem consists of the inability of businesses to use their standard terms of business in cross-border trade with confidence. It is suggested that the solution to this problem lies not in legal integration through harmonisation of the private law of contract, but rather through the creation of procedures for autonomous agreements under which representatives of parties to standard types of contracts can agree upon model contracts containing fair ancillary terms.ISBN: 1351-5993Although laws against discrimination have conventionally been justified and articulated according to various conceptions of equality, tensions between different notions of equality undermine the coherence of these explanations. The aim of social inclusion is proposed as part of an alternative justification for discrimination laws. As well as exploring the meaning and implications of the policy of social inclusion for discrimination laws, the extent to which the law already embodies this idea is assessed with particular reference to the scope of anti-discrimination laws, proof of discrimination, justification defences, and positive discrimination. It is concluded that the goal of social inclusion has the potential to provide a vital ingredient in a more coherent, though not uncritical, account of the aims of anti-discrimination legislation.ISBN: 0026-7961It is suggested that the dominant theme of labour law policy has become the enhancement of the competitiveness of business, which, at its core, requires the facilitation and stabilisation of flexible employment relations. Neither deregulation nor mandatory labour standards adequately achieve this goal. It requires instead different techniques of regulation of the employment relation, including a revision of the implied terms of contracts of employment, the creation of new legal institutions of workplace governance, and the enhancement of the ability of employers to make credible commitments in return for functional flexibility on the part of employees.ISBN: 0305-9332ISBN: 0305-9332ISBN: 1351-5993ISBN: 01436503ISBN: 01436503DOI: 10.1093/ilj/20.4.227ISBN: 0026-7961ISBN: 01436503DOI: 10.1093/ilj/18.3.144ISBN: 0198255071ISBN: 0263323XDOI: 10.1093/ilj/15.1.244DOI: 10.1093/ilj/15.1.1ISBN: 0263323XISBN: 9781107027824ISBN: 9780199566549The book argues that the European Union should develop a civil code to provide uniform rules for contracts, property rights and protection against civil wrongs, thus drawing together differing national traditions with respect to the detailed regulation of civil society. The benefits of such a code would lie not so much in facilitating cross-border trade, but in establishing foundations for a denser network of transnational relations of civil society, which in turn would help to overcome the present popular resistance to effective and functioning political institutions at a European level. These principled foundations for a more inclusive and less 'balkanised' civil society in Europe also provide elements of a required European Social Model that offers necessary safeguards for consumers, workers and disadvantaged groups against the pressure of market forces in an increasingly global economic system.ISBN: 978-0-521-71337-5