The Financialisation of the Citizen

Social and Financial Inclusion through European Private Law
Erscheinungsjahr 2020
ISBN: 978-1-5099-4378-4
Verlag: Hart Publishing

Buch, Englisch, 232 Seiten, Paperback, Format (B × H): 156 mm x 234 mm, Gewicht: 331 g

This book discusses the role of private law as an instrument to produce financial and social inclusion in a context characterised by the redefinition of the role of the State and by the financialisation of society. By depicting the political and economic developments behind the popular idea of financial inclusion, the book deconstructs that notion, illustrating the existence and interaction of different discourses surrounding it. The book further traces the evolution of inclusion, specifically in the European context, and thus moves on to analyse the legal rules which are most relevant for the purposes of bringing about the financialisation of the citizen. Hence, the author focuses more on four highly topical areas: access to a bank account, access to credit, over indebtedness, and financial education.

Adopting a critical and inter-disciplinary approach, The Financialisation of the Citizen takes the reader through a top-down journey starting from the political economy of financialisation, to the law and policy of the European Union, and finally to more specific private law rules.

Autoren/Hrsg.

Comparato, Guido

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Europarecht Europäisches Privat- und Vertragsrecht

Inhaltsverzeichnis

Introduction

I. The Scenario

II. Inclusion, Finance and Private Law

III. Methodology

IV. Structure

1. The Idea of Financial and Social Inclusion

I. Dimensions of Financial and Social Inclusion

II. The Rise of Social Inclusion and Its Merging with Financial Inclusion

III. The Transformations of State and Law

IV. Financialisation

V. Privatised Keynesianism and Democratisation of Finance

VI. The Role of Trust
VII. Passing the Risk

VIII. The Other Side of the Coin

IX. Re-regulation?

2. Financial and Social Inclusion in the European Legal Order

I. An EU Affair

II. Distinguishing the Forms of Inclusion in Europe

A. Financial Inclusion

B. Market Inclusion

C. Social Inclusion

III. A Just or an Inclusive Private Law?
A. Social Inclusion and Social Justice

B. Market Inclusion and Access Justice

IV. The Rise of Inclusion in European Law

A. Social Exclusion

B. Financial Exclusion

V. In European Contract Law

3. Access to a Bank Account

I. A Gateway to the Market

II. Legal Frameworks in Europe

III. The Problems of Overdrafts

IV. EU Involvement

V. The Recommendation

VI. The Problem of Reasonable Costs

VII. The New Directive

4. Access to Credit

I. From a Right to a Bank Account to a Right to Credit?
II. Responsible Lending and the Problem of Self-Interest

III. Responsible Lending and European Contract Law

IV. Access to Information

V. Post-Crisis Responses and the Mortgage Credit Directive

VI. The Public-Private Problem

VII. Financial Stability and Exclusion

VIII. Back to Trust
5. Over-Indebtedness

I. How Much is too Much?

II. Legal Responses

III. Causes of Over-Indebtedness and their Legal Appreciation

IV. A Categorisation of Private Law Responses
to Over-Indebtedness

A. Contract Law Ex Ante Instruments

B. Contract Law Ex Post Instruments

C. Non-Contract Law Instruments

V. European Over-Indebtedness Law

6. Financial Education

I. Just Gonna have to be a Different Man

II. The Rise of the Policy of Financial Education

III. Critical Aspects of the Policy of Financial Education

IV. Interference with Contract Law

Conclusion

Über Autor(innen)

Comparato, Guido
Guido Comparato is Senior Lecturer in Law at Birkbeck College, University of London, UK.

Guido Comparato is a lecturer in law at Birkbeck, University of London.