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The Financialisation of the Citizen: Social and Financial Inclusion through European Private Law

The Financialisation of the Citizen: Social and Financial Inclusion through European Private Law

  • 作者:
  • 出版商: Hart Publishing
  • ISBN: 9781509943784
  • 出版时间 November 2020
  • 规格: Paperback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
  • Hardback Edition ISBN: 9781509919222
¥492.56
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  • 描述 
  • 大纲 
  • 详细

    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.

  • 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

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