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Nationalism and Private Law in Europe

Author: Guido Comparato

Publisher: Bloomsbury Publishing

Published: 2014-12-01

Total Pages: 334

ISBN-13: 1782253866

While the internationalisation of society has stimulated the emergence of common legal frameworks to coordinate transnational social relations, private law itself is firmly rooted in national law. European integration processes have altered this state of affairs to a limited degree with a few, albeit groundbreaking, interventions that have tended to engender resistance from various actors within European nation-states. Against that background, this book takes as its point of departure the need to understand the process of legal denationalisation within broader political frameworks. In particular it seeks to make sense of opposition to Europeanisation at this point in the evolution of European law when, despite growing nationalist attitudes, great efforts have been made to produce comprehensive legal instruments to synthesise general contract law - an area that has traditionally been solely within the ambit of nation-states. Combining insights from the disciplines of law, history and political science, the book investigates the conceptual and cultural associations between law and the nation-state, examines the impact of nationalist ideas in modern legal thought and reveals the nationalist underpinnings of some of the arguments employed against and, somewhat paradoxically, even in support of legal Europeanisation. The author's research for this book has been supported by the Hague Institute for the Internationalisation of Law.

Nationalism and Private Law in Europe

Author: Guido Comparato (jurist.)

Publisher:

Published: 2012

Total Pages: 0

ISBN-13:

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Nationalism and Private Law in Europe

Author: Guido Comparato

Publisher: Bloomsbury Publishing

Published: 2014-12-01

Total Pages: 531

ISBN-13: 1782253874

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The Science of Private Law and the Nation State

Author: Christian Joerges

Publisher:

Published: 1998

Total Pages: 148

ISBN-13:

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Recoge: 1. The move away from the private law of the Volksnation: reorientations in the post-war period -- 2. The difficult private law of the Staatsbürgernation: the debate on reform of the codification and the legitimacy of statutes in the realm of codified private law -- 3. Beyond the nation state: european integration and private law.

Nationalism, Racism and the Rule of Law

Author: Peter Fitzpatrick

Publisher: Dartmouth Publishing Company

Published: 1995-01-01

Total Pages: 223

ISBN-13: 9781855215542

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Through explorations of how identities are created in law, this collection reveals often surprising yet highly significant connections between nationalism, racism and the rule of law. This pursuit of law's 'dark side' ranges widely over the New Europe, East and West and over North America and South Africa, for example. It also ranges widely over many areas of legal study and practice over the social theory of law, over laws relating to citizenship, children, gender, immigrants and refugees and over new legal 'spaces' now being created regionally and globally. In all this, the rule of law itself is shown to result from the conflict between its dependence on national and racial identities and its opposition to them.

A History of Private Law in Europe

Author: Franz Wieacker

Publisher:

Published: 2023

Total Pages: 0

ISBN-13: 9781383014723

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In this volume, Franz Wieacker tells how legal thinking, writing and teaching started in Europe and how it developed. One of the great strengths of the book lies in its demonstration of the constant interaction between the thinking of lawyers and the general philosophical ideas of their time.

The Case for a Common European Sales Law in an Age of Rising Nationalism

Author: Martijn W. Hesselink

Publisher:

Published: 2013

Total Pages: 0

ISBN-13:

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The European Commission's recent proposal for a common European sales law was made in a political climate of rising nationalism. The Commission makes a solid economic and constitutional (legal basis) case for its proposal. However its argument, which focuses exclusively on the internal market, is not likely to fully convince the opposition. The reason is that it fails to address the widespread notion, underlying also many technical arguments, that Member States should remain sovereign in matters of general private law for the reason that private law is a matter of national identity. In this paper, I address that argument head on. I do this by first identifying the nationalist undertone in many technical arguments raised against the Europeanisation of private law and then defending the CESL as an expression of another identity that many Europeans share, i.e. their European identity. I argue, in particular, that the proposed CESL should be welcomed as a common European model of justice between private parties, as rules of just conduct for the internal market. Since most people in Europe identify with both their nation-state and Europe, albeit in different degrees, it makes sense to offer them the choices between national and European contract law. Although the question whether to opt into a CESL should be a matter of private autonomy, the question which legal options will be available is matter of the public autonomy of citizens and requires a full democratic legitimation. Therefore, Art 352 TFEU, the flexibility clause that bypasses the ordinary legislative procedure, would be unacceptable as a legal basis.

The History of Law in Europe

Author: Bart Wauters

Publisher: Edward Elgar Publishing

Published: 2017-04-28

Total Pages: 293

ISBN-13: 1786430762

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Comprehensive and accessible, this book offers a concise synthesis of the evolution of the law in Western Europe, from ancient Rome to the beginning of the twentieth century. It situates law in the wider framework of Europe’s political, economic, social and cultural developments.

Pluralism and European Private Law

Author: Leone Niglia

Publisher: Bloomsbury Publishing

Published: 2013-01-29

Total Pages: 294

ISBN-13: 1782250638

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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.

Justifying Contract in Europe

Author: Martijn W. Hesselink

Publisher: Oxford University Press

Published: 2021-06-22

Total Pages: 513

ISBN-13: 0192655736

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This title explores the normative foundations of European contract law. It addresses fundamental political questions on contract law in Europe from the perspective of leading contemporary political theories. Does the law of contract need a democratic basis? To what extent should it be Europeanised? What justifies the binding force of contract and the main remedies for breach? When should weaker parties be protected? Should market transactions be considered legally void when they are immoral? Which rules of contract law should the parties be free to opt out of? Adopting a critical lens, this book interrogates utilitarian, liberal-egalitarian, libertarian, communitarian, civic republican, and discourse-theoretical political philosophies and analyses the answers they provide to these questions. It also situates these theoretical debates within the context of the political landscape of European contract law and the divergent views expressed by lawmakers, legal academics, and other stakeholders. This work moves beyond the acquis positivism, market reductionism, and private law essentialism that tend to dominate these conversations and foregrounds normative complexity. It explores the principles and values behind various arguments used in the debates on European contract law and its future to highlight the normative stakes involved in the practical question of what we, as a society, should do about contract law in Europe. In so doing, it opens up democratic space for the consideration of alternative futures for contract law in the European Union, and for better justifications for those parts of the EU contract law acquis we wish to retain.