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Towards a European Legal Culture

Autor Genevieve Helleringer, Kai Peter Purnhagen
en Limba Engleză Hardback – 31 ian 2014
European harmonisation efforts such as a European civil code, European constitutional treaties, European principles, and European fundamental rights are frequently criticised for building on or creating a European legal culture that does not exist; in reality what we have is European legal pluralism. Some have argued that the pluralistic structure of European law hinders the development of a community, which is a necessary requirement for a European legal culture. And if there can be no common European legal culture then there is no basis for harmonising exercises.The contributors to this book explore in different legal areas whether in fact the contrary is true. Cultural pluralism might indeed be a distinctive feature of European legal culture. Diversity is not something that is in opposition to, but rather constitutes a new, different understanding of European legal culture. The contributions demonstrate in detail how such an approach inter alia in the areas of private, corporate, administrative and constitutional law furthers understanding of a developing European legal culture, how it offers theoretical and doctrinal insights, and how it adds critical perspective.
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Specificații

ISBN-13: 9781849464918
ISBN-10: 184946491X
Pagini: 500
Dimensiuni: 171 x 234 x 30 mm
Greutate: 0 kg
Ediția:New.
Editura: Bloomsbury Publishing
Colecția Nomos/Hart
Locul publicării:London, United Kingdom

Caracteristici

The experts who have contributed to this book argue that 'cultural pluralism' is the defining feature of European law.

Notă biografică

Geneviève Helleringer is an Associate Professor at Essec Business School, Singapore and a Fellow at the Institute of European and Comparative Law of Oxford University. Kai Purnhagen is a Senior Research Fellow and Lecturer at the Ludwig-Maximilians-University in Munich and a Research Fellow at the Centre for the Study of European Contract Law at the University of Amsterdam.

Cuprins

On the Terms, Relevance and Impact of a European Legal Culture Geneviève Helleringer/Kai PurnhagenPart I Law and Culture - Two Uneasy BedfellowsThe New European Legal Culture - Ten Years On Martijn W. HesselinkDogmatics in Comparison to US-American Law and Economics - Dogmatism as a Cultural Element of Law in Europe? Régis Lanneau(Legal) Culture in the European Union and the United States - a Comparative Political Science Perspective Dennis-Jonathan MannThe (Un)-Systematics of (Private) Law as an Element of European Culture Hans-W. MicklitzLigations Divide and Conquer: Using Legal Domains in Comparative Legal Studies Matthew DysonCultures of Administrative Law in Europe: From Weberian Bureaucracy to 'Law and Economics' Klaus MathisPart II Shaping Legal Norms with CultureQuotas and the Transatlantic Divergence of Corporate Governance Culture Véronique Magnier/Darren RosenblumThe Freedom of Risk-Taking in European Legal Cultures Hugo BarbierA Common Culture in European Legal Education? - A Constitutional Approach on Applied Pluralism - Nicos SimantirasThe Potential for Contract Clauses to Build a European Legal Culture Part III Shaping Culture with Legal NormsStatecraft, the Market State and the Development of European Legal Culture Ari Afilalo/Dennis Patterson/Kai PurnhagenLegal Principles in EU Law as an Expression of a European Legal Culture between Unity and Diversity Constanze SemmelmannEurope vs the Nation-State in Private Law? Legal Cultures and their Community-building Function Guido ComparatoWhen Law Became Cultivated: 'European Legal Culture' between Kultur and Civilization Helge DedekJudges in Utopia Fundamental Rights as Constitutive Elements of a European Private Legal Culture Chantal Mak

Descriere

This new book presents different dimensions of an emerging European legal culture, a new and complex organic development of legal culture based on the legal traditions of the member states, overlain with layers of supra- and transnational law.