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.


Recent additions

  • H Collins, G Lester and V Mantouvalou, 'Introduction: Does Labour Law Need Philosophical Foundations?' in (ed), Philosophical Foundations of Labour Law (Oxford University Press 2018)
    ISBN: 978-0-19-882527-2
  • H Collins, 'Is the Contract of Employment Illiberal?' in H Collins, G Lester, V Mantouvalou (ed), Philosophical Foundations of Labour Law (Oxford University Press 2018)
    Argues 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: 978-0-19-882527-2
  • H Collins, 'Discrimination and the Private Sphere' in Kasper Lippert-Rasmussen (ed), The Routledge Handbook of the Ethics of Discrimination (Routledge 2018)
    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: 978-1-138-92874-9

Chapter (63)

H Collins, 'Discrimination and the Private Sphere' in Kasper Lippert-Rasmussen (ed), The Routledge Handbook of the Ethics of Discrimination (Routledge 2018)
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: 978-1-138-92874-9
H Collins and Tarunabh Khaitan, 'Indirect Discrimination Law: Controversies and Critical Questions' in (ed), Foundations of Indirect Discrimination Law (Hart Publishing 2018)
Introduces 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: 978-1-50991-254-4
H Collins, G Lester and V Mantouvalou, 'Introduction: Does Labour Law Need Philosophical Foundations?' in (ed), Philosophical Foundations of Labour Law (Oxford University Press 2018)
ISBN: 978-0-19-882527-2
H Collins, 'Is the Contract of Employment Illiberal?' in H Collins, G Lester, V Mantouvalou (ed), Philosophical Foundations of Labour Law (Oxford University Press 2018)
Argues 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: 978-0-19-882527-2
H Collins, 'Justice for Foxes: Fundamental Rights and Justification of Indirect Discrimination' in (ed), Foundations of Indirect Discrimination Law (Hart Publishing 2018)
What 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: 978-1-50991-254-4
H Collins, 'The Revolutionary Trajectory of EU Contract Law towards Post-national law' in Sarah Worthington Andrew Robertson Graham Virgo (ed), Revolution and Evolution in Private Law (Hart Publishing 2018)
Examines 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: 978-1-50991-324-4
H Collins, 'Building European Contract Law on Charter Rights' in Hugh Collins (ed), European Contract Law and the Charter of Fundamental Rights (Intersentia 2017)
Examines 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: 978-1-78068-433-8
H Collins, 'The Challenges Presented by Fundamental Rights to Private Law' in Kit Barker, Karen Fairweather, Ross Grantham (ed), Private Law in the 21st Century (Hart Publishing, Bloomsbury 2017)
An 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: 978-1-50990-858-5
H Collins, 'Conformity of Goods, the Network Society, and the Ethical Consumer' in Dorota Leczykiewicz, Stephen Weatherill (ed), The Images of the Consumer in EU Law (Hart Publishing 2016)
Examines 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: 978-1-84946-544-1
H Collins, 'Is a Relational Contract a Legal Concept?' in Simone Degeling, James Edelman, James Goudkamp (ed), Contract in Commercial Law (Lawbook Co, Thomson Reuters 2016)
An 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: 9780455237688
H Collins, 'Contractual Autonomy' in Alan Bogg, Cathryn Costello, ACL Davies, Jeremias Prassl (ed), The Autonomy of Labour Law (Hart Publishing 2015)
The 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: 978-1-84946-621-9
H Collins, 'Is there a Human Right to Work?' in Virginia Mantouvalou (ed), The Right to Work: Legal and Philosophical Perspectives (Hart Publishing 2015)
The 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: 978-1-84946-510-6
A Bogg and H Collins, 'Lord Hoffmann and the Law of Employment: The Notorious Episode of Johnson v Unisys Ltd' in Paul S Davies and Justine Pila (eds), The Jurisprudence of Lord Hoffmann (Hart Publishing 2015)
ISBN: 978-1-84946-591-5
H Collins, 'Progress towards the Right to Work in the United Kingdom' in Virginia Matouvalou (ed), The Right to Work: Legal and Philosophical Perspectives (Hart Publishing 2015)
An 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: 978-1-84946-510-6
H Collins, 'Private Production of Transnational Law through Standard Form Contracts' in H. Eidenmuller (ed), Regulatory Competition in Contract Law and Dispute Settlement (Hart Publishing 2013)
ISBN: 1849464855
H Collins, 'The Contract of Employment in 3D' in David Campbell, Linda Mulcahy, Sally Wheeler (ed), Changing Concepts of Contract (Palgrave Macmillan Socio-Legal Studies 2013)
In 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: 978-1-137-26926-3
H Collins, 'Social Dumping, Multi-level Governance and Private Law in Employment Relationships' in D. Leczykiewicz, S.Weatherill (ed), The Impact of EU law on Private Law Relationships (Hart Publishing 2012)
ISBN: 9781849463300
H Collins, 'The Constitutionalization of European Private Law as a Path to Social Justice? ' in H-W Micklitz (ed), The Many Concepts of Social Justice in European Private Law (Edward Elgar 2011)
ISBN: 9781849802604
H Collins, 'The Hybrid Quality of European Private Law' in R. Brownsword, H-W. Micklitz, and L. Niglia (eds), The Foundations of European Private Law (Hart Publishing 2011)
ISBN: 9781849460651
H Collins, 'The Impossible Necessity of European Labour Law ' in S. Muller, S. Zouridis, M. Frishman and L. Kistemaker (eds), The Law of the Future and the Future of Law (Torkel Opsahl Academic EPublisher 2011)
When 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: 9788293081289
H Collins, 'Theories of Rights as Justifications for Labour Law' in G. Davidov and B. Langille (eds), The Idea of Labour Law (Oxford University Press 2011)
ISBN: 9780199693610
H Collins, 'Beyond the Third Way in Labour Law: Towards the Constitutionalization of Labour Law? ' in M. Kaino, M. Ishida, T. Uemura (ed), Comparative Law for Creative Law: Challenges for Immediate Actions (2010)
H Collins, 'Networks and Comparative Sociological Jurisprudence' in G-P Callies, A. Fischer-Lescano, D. Wielsch and P. Zumbansen (eds), Soziologische Jurisprudenz. Festschrift fur Gunther Teubner Festschriift (de Gruyter 2009)
ISBN: 9783899495010
H Collins, 'The Weakest Link: Legal Implications of the Network Architecture of Supply Chains' in M. Amstutz and G. Teubner (eds), Networks: Legal Issues of Multilateral Co-operation (Hart Publishing 2009)
ISBN: 9781841139456
H Collins, 'Governance Implications for the European Union of the Changing Character of Private Law' in F. Cafaggi and H. Muir-Watt (eds), Making European Private Law (Edward Elgar 2008)
ISBN: 9781847201980
H Collins, 'The Directive on Unfair Contract Terms: Implementation, Effectiveness and Harmonization' in H. Collins (ed), Standard Contract Terms in Europe: A Basis for and a Challenge to European Contract Law (Kluwer Law International 2008)
ISBN: 9789041127846
H Collins, 'Does Social Justice Require the Preservation of Diversity in the Private Laws of Member States of Europe?' in T. Wilhelmsson, E. Paunio, and A. Pohjolainen (eds), Private Law and the Many Cultures of Europe (Kluwer Law International 2007)
ISBN: 9789041125934
H Collins, 'Why Europe Needs a Civil Code: European Identity and the Social Model, ' in M. Andenas, S. Diaz Alabart, B. Markesinis, H. Micklitz, and N. Pasquini (eds), Liber Amicorum Guido Alpa: Private Law Beyond the National Systems (British Institute of Comparative Law 2007)
ISBN: 9781905221288
H Collins, 'A Worker's Civil Code? Principles of European Contract Law Evolving in EU Social and Economic Policy' in (ed), The Politics of European Civil Code (Kluwer Law International 2006)
ISBN: 9041124101
H Collins, 'Multi-segmented Workforces, Comparative Fairness, and the Capital Boundary Obstacle' in G. Davidov and B. Langille (eds), Boundaries and Frontiers of Labour Law (Hart Publishing 2006)
ISBN: 9781841135953
H Collins, 'Social Rights General Clauses and the Acquis communitaire' in (ed), General Clauses and Standards in European Contract Law (Kluwer Law International 2006)
ISBN: 9041124322
H Collins, 'Market Integration, Social Justice, and Autonomous Agreements: Regulating Transactions in Europe' in V. Roppo (ed), A European Civil Code?: Perspectives and Problems (Guiffre 2005)
ISBN: 8814119309
H Collins, 'The Right to Flexibility' in (ed), Labour Law, Work and Family: Critical and Comparative Perspectives (Oxford University Press 2005)
ISBN: 199287031
H Collins, 'EC Regulation of Unfair Commercial Practices' in H. Collins (ed), The Forthcoming EC Directive on Unfair Commercial Practices: Contract, Consumer and Competition Law Implications (Kluwer Law International 2004)
ISBN: 9041122249
H Collins, 'Regulating Contract Law' in C. Parker, J. Braithwaite, C. Scott, N. Lacey (ed), Regulating Law (Oxford University Press 2004)
ISBN: 0199264074
H Collins and D. Campbell, 'Discovering the Implicit Dimensions of Contracts ' in D. Campbell, H. Collins, J. Wightman (ed), Implicit Dimensions of Contracts: Discrete, Relational, and Network Contracts (Hart Publishing 2003)
ISBN: 1841133493
H Collins, 'Discretionary Powers in Contracts' in D. Campbell, H. Collins, J. Wightman (ed), Implicit Dimensions of Contracts: Discrete, Relational, and Network Contracts (Hart Publishing 2003)
ISBN: 1841133493
H Collins, 'Introduction: The Research Agenda of Implicit Dimensions of Contracts' in D. Campbell, H. Collins, J. Wightman (ed), Implicit Dimension of Contract: Discrete, Relational, and Network Contracts (Hart Publishing 2003)
ISBN: 1841133493
H Collins, 'Objectivity and Committed Contextualism in Interpretation' in S. Worthington (ed), Commercial Law and Commercial Practice (Hart Publishing 2003)
ISBN: 1841134384
H Collins, 'The 'Common Frame of Reference' for EC Contract Law: A Common Lawyer's Perspective' in M. Meli and M R Maugeri (eds), L?Armonizzazione del Diritto Privato Europeo: Il Piano D?Azione (Guiffre 2003)
ISBN: 8814109567
H Collins, 'Law as Politics' in Penner, Schiff, Nobles (ed), Jurisprudence: text and materials (Butterworths 2002)
H Collins, 'Transaction Costs and Subsidiarity in European Contract Law' in S. Grundmann and J. Stuck (eds), An Academic Green Paper on European Contract Law (Kluwer Law International 2002)
ISBN: 9041118535
H Collins, 'Is There a Third Way in Labour Law?' in J. Conaghan, R.M. Fischel, and K. Klare (eds), Labour Law in an Era of Globalisation (Oxford University Press 2001)
ISBN: 019924247X
H Collins, 'Justifying European Employment Law' in S. Grundmann, W. Kerber, and S. Weatherill (eds), Party Autonomy and the Role of Information in the Internal Market (Walter de Gruyter 2001)
ISBN: 9783110170030
H Collins, 'Closure and Openness - Reasoning in the Law of Contract and the Social Construction of Markets' in Tanese (ed), Principles of Contract and Practice of Contracts (1999)
H Collins, 'Flexibility and Empowerment' in T. Wilthagen (ed), Advancing Theory in Labour Law and Industrial Relations in a Global Context (Amsterdam: North-Holland 1998)
ISBN: 0444858202
H Collins and C. Scott, 'Legal Problems in Private Law in Quality Assurance Contracts: United Kingdom Report ' in G. Bruggermeier (ed), Rechtprobleme von Qualitatsmanagementvereinbarungen und EG-Binnenmarkt (Baden Baden: Nomos 1998)
H Collins, 'Legal Classifications as the Production of Knowledge Systems' in P. Birks (ed), The Classification of Obligations (Clarendon Press 1997)
ISBN: 0198265980
H Collins, 'Quality Assurance in Subcontracting' in S. Deakin and J. Michie (eds), Contracts, Co-operation and Competition (Oxford University Press 1997)
ISBN: 9780198292661
H Collins, 'The Sanctimony of Contracts' in R. Rawlings (ed), Law, Society, Economics (OUP 1997)
ISBN: 0198262280
H Collins, 'Competing Norms of Contractual Behaviour' in D. Campbell and P. Vincent-Jones (eds), Contract and Economic Organisation (Dartmouth 1996)
ISBN: 1855216949
H Collins, 'Fairness in Agreed Remedies' in C. Willett (ed), Aspects of Fairness in Contract (Blackstone Press 1996)
ISBN: 1854316028
H Collins, 'Job Security and Unfair Dismissal' in K. Ewing (ed), Working Life: A New Perspective on Labour Law (Institute of Employment Rights 1996)
ISBN: 0853158290
H Collins, 'Disclosure of Information and Welfarism' in R. Brownsword, G. Howells, and T. Wilhelmsson (eds), Welfarism in Contract Law (Dartmouth: Aldershot 1994)
ISBN: 1855212463
H Collins, 'The Place of Computers in Legal Education' in P. Birks (ed), Reviewing Legal Education (Oxford University Press 1994)
ISBN: 0198259999
H Collins, 'A Reconception of Labour Law' in (ed), Examining the Law Syllabus: Beyond the Core (OUP 1993)
ISBN: 0198763190
H Collins, 'Organizational Regulation and the Limits of Contract' in J.McCahery, S.Picciotto, C. Scott (ed), Corporate Control and Accountability (Oxford University Press 1993)
ISBN: 0198258275
H Collins, 'The Transformation Thesis and the Ascription of Contractual Responsibility' in T. Wilhelmsson (ed), Perspectives of Critical Contract Law (Dartmouth: Aldershot 1993)
ISBN: 1855213192
H Collins, 'Aims of Teaching the Law of Contract' in P. Birks (ed), Examining the Law Syllabus: The Core (Oxford University Press 1992)
ISBN: 0198762690
H Collins, 'Contract and Legal Theory' in W. Twining (ed), Legal Theory and Common Law (Blackwell 1986)
ISBN: 631144773
H Collins, 'Democracy and Adjudication' in P.B.H. Birks and N. MacCormick (eds), The Legal Mind (Oxford University Press 1986)
ISBN: 198761961

Edited Book (9)

H Collins and Tarunabh Khaitan (eds), Foundations of Indirect Discrimination Law (Hart Publishing 2018)
ISBN: 978-1-50991-254-4
H Collins, G Lester and V Mantouvalou (eds), Philosophical Foundations of Labour Law (Oxford University Press 2018)
This 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: 978-0-19-882527-2
H Collins (ed), European Contract Law and the Charter of Fundamental Rights (Intersentia 2017)
EUCOLATH 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: 978-1-78068-433-8
H Collins (ed), Networks as Connected Contracts (Hart Publishing 2011)
ISBN: 9781849461740
H Collins (ed), Standard Contract Terms in Europe: A basis for and a Challenge to European Contract Law (Kluwer Law International 2008)
ISBN: 9789041127846
H Collins (ed), Implementation of the EU Directive on Unfair Contract terms (8 Contemporary Issues in Law 2007)
H Collins (ed), The Forthcoming EU Directive on Unfair Commercial Practises: Contracts,Consumers and Competition Law (Kluwer Law International 2004)
ISBN: 9041122249
H Collins (ed), Implicit Dimensions of Contracts (Hart Publishing 2003)
ISBN: 1841133493
H Collins (ed), Legal Regulations of the Employment Relation (Kluwer Law International 2000)
ISBN: 9041198121

Journal Article (56)

H Collins, 'Conformity of Goods, the Network Society, and the Ethical Consumer' (2014) European Review of Private Law 619
European 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.
H Collins, 'Implied Terms: The Foundation in Good Faith and Fair dealing' (2014) 67 Current Legal Problems 297
DOI: 10.1093/clp/cuu002
With 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.
H Collins, 'Entretiens sur le droit du licenciement pour motif économique: Royaume Uni ' (2013) 6 Revue de Droit du Travail 430
H Collins, 'Why Europe Needs a Civil Code' (2013) 21 European Review of Private Law 907
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.
H Collins, 'Cosmopolitanism and Transnational Private Law ' (2012) 8 European Review of Contract Law 311
As 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: 1614-9920
H Collins, 'The Vanishing Freedom to Choose a Contractual Partner ' (2012) 76 Law and Contemporary Problems 71
An 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: 0023-9186
H Collins, 'The Impact of Human Rights on Contract Law in Europe' (2011) 22 European Business Law Review 425
This 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: 0959-6941
H Collins, 'Harmonisation by Example: European Laws against Unfair Commercial Practices ' (2010) 73 Modern Law Review 89
DOI: 10.1111/j.1468-2230.2009.00785.x
This 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: 0026-7961
H Collins, 'Does \'Fragmented Europeanisation\' Require a European Civil Code? ' (2009) 3-4 Tidskrift Utgiven Av Juridiska FöReningen 213
ISBN: 0040-6953
H Collins, 'The European Economic Constitution and the Constitutional Dimension of Private Law ' (2009) 5 European Review of Contract Law 71
DOI: 10.1515/ERCL.2009.71
Intervening 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: 1614-9920
H Collins, 'Legal Responses to the Standard Form Contract of Employment' (2007) 36 Industrial Law Journal 2
DOI: 10.1093/indlaw/dwl037
Having 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: 0305-9332
H Collins, 'Utility and Rights in Common Law Reasoning: Rebalancing Private Law Through Constitutionalization ' (2007) 30 Dalhousie Law Journal 1
H Collins, 'European Social Policy and Contract Law ' (2007) 3 European Review of Contract Law 77
DOI: 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: 1614-9920
H Collins, 'Les contrats de travail types en Angleterre ' (2007) 5 Revue de Droit du Travail 342
H Collins, 'Harmonisation of European Contract Law: Citizenship, Diversity and Effectiveness' (2006) Cambridge Yearbook of European Law 80
ISBN: 9781841135618
H Collins, 'The Protection of Civil Liberties in the Workplace ' (2006) 69 Modern Law Review 619
ISBN: 0026-7961
H Collins, 'European Social Policy and Contract Law ' (2005) 1 European Review of Contract Law 115
H Collins, 'Flexibility and Stability of Expectations in the Contract of Employment' (2005) Socio-Economic Review 1
H Collins, 'Social Inclusion: A Better Approach to Equality Issues? ' (2005) 14 Transnational Law & Contemporary Problems 101
H Collins, 'The Unfair Commercial Practices Directives' (2005) European Review of Contract Law 417
ISBN: 1614-9920
H Collins, 'Editorial: The Future of European Private Law ' (2004) 10 European Law Journal 649
ISBN: 1351-5993
H Collins and With the Social Justice Group, 'Social Justice in European Contract Law: A Manifesto (rapporteur with the Social Justice Group) ' (2004) 10 European Law Journal 653
ISBN: 1351-5993
H Collins, 'The Freedom to Circulate Documents: Regulating Contracts in Europe' (2004) 10 European Law Journal 787
Evidence 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: 1351-5993
H Collins, 'Discrimination, Equality, and Social Inclusion ' (2003) Modern Law Review 16
Although 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: 0026-7961
H Collins, 'La Guistizia Contrattuale in Europa (Regulating Contracts for Fairness in Europe), ' (2003) 20 Rivista Critica Del Diritto Privato 659
H Collins, 'Regulating Employment for Competitiveness ' (2001) 30 Industrial Law Journal 17
It 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: 0305-9332
H Collins, 'Formalism and Efficiency: Designing European Commercial Contract Law' (2000) 8 European Review of Private Law 211
H Collins, 'Transnational Private Law Regulation of Markets ' (1998) 4 Europa E Diritto Privato 967
H Collins, 'Productive Learning from the Collision between the Doctrinal Subsystems of Contract and Tort' (1997) Acta Juridica 55
H Collins, 'The Productive Disintegration of Labour Law ' (1997) 26 Industrial Law Journal 295
ISBN: 0305-9332
H Collins, 'The Voice of the Community in Private Law Discourse ' (1997) 3 European Law Journal 407
ISBN: 1351-5993
H Collins, 'European Private Law and the Cultural Identity of States' (1995) 3 European Review of Private Law 181
H Collins, 'Legal Regulation of Dependent Entrepreneurs ' (1995) 152 Journal of Institutional and Theoretical Economics 263
H Collins, 'Why are there Contracts of Employment? ' (1993) 149 Journal of Institutional and Theoretical Economics 762
H Collins, 'Distributive Justice Through Contracts ' (1992) 45 Current Legal Problems 49
H Collins, 'Social Market and the Law of Contract ' (1992) 49 Archives for Philosophy of Law and Social Philosophy 85
H Collins, 'Ascription of Legal Responsibility to Groups in Complex Patterns of Economic Integration' (1990) 53 Modern Law Review 731
ISBN: 0026-7961
H Collins, 'Independent Contractors and the Challenge of Vertical Disintegration to Employment Protection Laws ' (1990) 10 Oxford Journal of Legal Studies 353
ISBN: 01436503
H Collins, 'Liberty and Equality in the Workplace ' (1990) Archives for Philosophy of Law and Social Philosophy 148
H Collins, 'Labour Law as a Vocation ' (1989) 105 Law Quarterly Review 468
H Collins, 'Against Abstentionism in Labour Law' (1987) Oxford University Press Oxford Essays in Jurisprudence 3rd Series 201
ISBN: 0198255071
H Collins, 'The Concept of Fairness in the Law of Unfair Dismissal ' (1987) 34 Archives for Philosophy of Law and Social Philosophy 96
H Collins, 'The Decline of Privacy in Private Law ' (1987) 14 Journal of Law and Society 91
ISBN: 0263323X
H Collins, 'Market Power, Bureaucratic Power and the Contract of Employment ' (1986) 15 Industrial Law Journal 1
H Collins, 'Roberto Unger and the Critical Legal Studies Movement ' (1986) 13 Journal of Law and Society 387
ISBN: 0263323X
H Collins, 'Capitalist Discipline and Corporatist Law, Part 1' (1982) Industrial Law Journal 78
H Collins, 'Capitalist Discipline and Corporatist Law, Part 2' (1982) Industrial Law Journal 170

Book (9)

H Collins, Labour Law: Law in Context Series (Cambridge University Press 2012)
ISBN: 9781107027824
H Collins, Employment Law (2nd Oxford University Press 2010)
ISBN: 9780199566549
H Collins, The European Civil Code: The Way Forward (Cambridge University Press 2008)
The 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
H Collins, Labour Law:Text and Materials (2nd Hart Publishing 2005)
ISBN: 9781841133621
H Collins, Nine Proposals for the Reform of the Law of Unfair Dismissal (Institute of Employment Rights 2004)
ISBN: 0954378180
H Collins, The Law of Contract (4th Butterworths 2003)
ISBN: 0406946736
H Collins, Regulating Contracts (Oxford University Press 1999)
ISBN: 0199258015
H Collins, Justice in Dismissal: The Law of Termination of Employment (Oxford University Press 1992)
ISBN: 0198254350
H Collins, Marxism and Law (Oxford University Press 1982)
ISBN: 0198760930

Research projects