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Pluralism and European Private Law

Editat de Leone Niglia
en Limba Engleză Hardback – 28 ian 2013
European private law has hitherto tended to be conceptualised firmly around ideas of unity and harmony. Yet the discourse within other areas of European law, notably constitutional law scholarship, visibly adopts pluralist perspectives. This book seeks to bridge the gap between 'public' and 'private' law by looking at European private law from various pluralist positions and by investigating old and new ways in which to understand legal pluralism in general. It fills a gap in the wide literature on legal pluralism, as the first book entirely dedicated to offering an insight into legal pluralism from the vantage point of the private law domain. The book addresses critically issues such as what pluralism really means in private law and what conceptions of pluralism it embodies, including discussion about the outer boundaries of any of the pluralist understandings. Contributions address comparative, critical, historical, theoretical and normative aspects. The book provides an opportunity to engage innovatively with problematic conceptual issues which inform the work of European private law scholars, including the debate on the Common Frame of Reference Poject of the European Commision.
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Specificații

ISBN-13: 9781849463379
ISBN-10: 1849463379
Pagini: 294
Dimensiuni: 156 x 234 x 14 mm
Greutate: 0.6 kg
Ediția:New.
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom

Caracteristici

The book fills a gap in the literature on legal pluralism as the first book entirely dedicated to offering an insight into legal pluralism from the vantage point of the private law domain.The essays address comparative, critical, historical, theoretical and normative aspects of pluralism and what it really means in private law.An interesting study for anyone dealing with European Private Law.

Notă biografică

Leone Niglia is Director of the Centre for European Legal Studies and Reader, School of Law, University of Exeter.

Cuprins

Prologue - Of Pluralism and European Private Law Leone Niglia PART ONE THE NEW PARADIGM: PLURALISM BETWEEN PRIVATE LAW AND CONSTITUTIONALISMOverview of Part One - The New Paradigm: Pluralism Between Private Law and Constitutionalism Leone Niglia 1 The Double Life of Pluralism in Europe Leone Niglia 2 Monistic Ideology versus Pluralistic Reality - Towards a Normative Design for European Private Law Hans-W Micklitz 3 The Poverty of Global Constitutionalism Massimo La Torre PART TWO COMPARATIVE AND HISTORICAL PERSPECTIVESOverview of Part Two - Comparative and Historical Perspectives Leone Niglia 4 Pluralism and Private Law in the Union Norbert Reich 5 European Contract Law Through and Beyond Pluralism - the Case of an Optional Instrument Bénédicte Fauvarque-Cosson 6 Legal Pluralism in Europe: National Laws, European Legislation, and Non-legislative Codifications Nils Jansen PART THREE THEORETICAL PERSPECTIVESOverview of Part Three - Theoretical Perspectives Leone Niglia 7 Why We Have No Theory of European Private Law Pluralism Ralf Michaels 8 A Radical View of Legal Pluralism Jan Smits 9 A Radical View of Pluralism? Comments on Jan Smits Brigitta Lurger 10 The Economics of Harmonising Private Law Through Optional Rules Fernando Gomez and Juan Jose Ganuza 11 How Many Systems of Private Law are there in Europe? Martijn W Hesselink 12 Pluralism in a New Key - Between Plurality and NormativityLeone Niglia Epilogue - Of European Private Law and Pluralism Leone Niglia

Recenzii

...essential reading for those interested in the subject of the Europeanisation of private law.
In the prologue to the collection of essays, Niglia explains the book's aim to propose "reflection on a path towards awareness and action". This approach calls to mind Mangabeira Unger's agenda for "legal analysis as institutional imagination", which promotes a method of mapping developments in law, combined with a process of criticism aimed at redefining societal ideals and imagining institutional structures for their fulfilment. In a similar vein, Niglia seeks to raise awareness of the plural condition of European private law, understood as the coexistence of territorial (domestic) private law orders with post-territorial, functional orders (European and global). Collections of essays usually run a certain risk of conveying disunity rather than a harmonized picture of the theme to which they relate; different perspectives and styles of authors might confuse a reader as to what the overall message of the book is. A work on pluralism may even be more vulnerable to such defects than books on more clearly or uniformly defined themes. By adding a prologue and epilogue, as well as insightful introductory overviews to the three parts of the work, however, Niglia shapes the context within which the individual chapters may be read and understood. He emphasizes the plurality of different conceptions of European private law pluralism, lists the different visions on conflict resolution (or settlement, or accommodation) provided by various authors, indicates how the language of pluralism may serve to facilitate a discourse among disciplines, and stresses the important normative questions posed by legal pluralism in the field of European private law. Although this grammar of pluralism is undoubtedly influenced by the editor's views on the general theme, it serves well to provide a common language within which to redefine and discuss developments in European private law and engage with the variety of views held by different authors in the field.

Descriere

European private law has tended to be conceptualised firmly around ideas of unity and harmony. Yet the discourse within other areas of European law, notably constitutional law, visibly adopts pluralist perspectives. This book bridges the gap between 'public' and 'private' law by looking at European private law from various pluralist positions.