Nationalism And Private Law In Europe
DOWNLOAD eBooks
Download Nationalism And Private Law In Europe PDF/ePub or read online books in Mobi eBooks. Click Download or Read Online button to get Nationalism And Private Law In Europe book now. This website allows unlimited access to, at the time of writing, more than 1.5 million titles, including hundreds of thousands of titles in various foreign languages. If the content not found or just blank you must refresh this page
Nationalism And Private Law In Europe
DOWNLOAD eBooks
Author : Guido Comparato
language : en
Publisher: Bloomsbury Publishing
Release Date : 2014-12-01
Nationalism And Private Law In Europe written by Guido Comparato and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-12-01 with Law categories.
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
DOWNLOAD eBooks
Author : Guido Comparato (jurist.)
language : en
Publisher:
Release Date : 2012
Nationalism And Private Law In Europe written by Guido Comparato (jurist.) and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with categories.
The Science Of Private Law And The Nation State
DOWNLOAD eBooks
Author : Christian Joerges
language : en
Publisher:
Release Date : 1998
The Science Of Private Law And The Nation State written by Christian Joerges and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Civil law categories.
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
DOWNLOAD eBooks
Author : Peter Fitzpatrick
language : en
Publisher: Dartmouth Publishing Company
Release Date : 1995-01-01
Nationalism Racism And The Rule Of Law written by Peter Fitzpatrick and has been published by Dartmouth Publishing Company this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995-01-01 with Law categories.
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.
National Identity In Eu Law
DOWNLOAD eBooks
Author : Elke Cloots
language : en
Publisher: Oxford Studies in European Law
Release Date : 2015
National Identity In Eu Law written by Elke Cloots and has been published by Oxford Studies in European Law this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Law categories.
Based on the author's thesis (doctoral)--University of Leuven, 2013.
Private Law And The Many Cultures Of Europe
DOWNLOAD eBooks
Author : Thomas Wilhelmsson
language : en
Publisher:
Release Date : 2007
Private Law And The Many Cultures Of Europe written by Thomas Wilhelmsson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Civil law categories.
The continuing headlong increase in cross-border legal issues of all kinds raises a host of new issues for private law even as it reconfigures the old issues, both in theory and in practice. In an effort to identify trends and consolidate what weand’ve learned in this important area, outstanding legal scholars from nine European countries (plus Australia) convened at the University of Helsinki in August 2006. This volume reproduces, in definitive English texts, twenty-two of the papers presented at that conference. The issues addressed cluster around four basic questions: To what extent does the multiculturalism of the European Union hamper the development of common private law rules? Which rules that are specific for a particular state/region/culture need to be preserved? To what extent can localism be met with variations in the application of common provisions? What problems for the common rules are posed by the fact that they are to be implemented in a multilingual society? While overarching concerns such as social justice, harmonization, culture, and diversity pervade all the essays, such crucial practical considerations as legal translation and regulation of advertising are not neglected. The book will be welcomed by academics in the various fields of private law everywhere, and will also be of uncommon interest to practitioners in commercial and company law and to policymakers in many areas of government regulation. The conference was organized by the PriME (Private Law in a Multicultural and Multilingual European Society) research project at the Department of Private Law and the Institute of International Economic Law (KATTI) at the University of Helsinki.
European Law And National Private Law
DOWNLOAD eBooks
Author : A. S. Hartkamp
language : en
Publisher:
Release Date : 2016
European Law And National Private Law written by A. S. Hartkamp and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Civil law categories.
Traditionally European law is important for public law. However, it is also increasingly important for private law, that is to say, the legal relationships between individuals. European Law and National Private Law addresses and analyses the various sources of European law in (hierarchical) order, namely the Treaty on the Functioning of the European Union, the general principles of EU law, EU Directives and EU Regulations, as well as the influence of fundamental rights (both the ECHR and the EU Charter) on private law. The nature of each source of law and its significance for and influence on the general part of national private law is discussed. Particular attention is devoted to the review of national private law legislation in the light of European legislation that has direct effect, direct and indirect effect of European law on legal relationships between individuals, ex officio application of European law by the national courts, and interpretation issues arising as a result of the interaction between European law and national law. Further, comparisons are drawn between the different sources of law. The book then concludes with a detailed overview of European Directives that are of particular relevance for general private law. European Law and National Private Law provides a concise introduction to the influence of EU law and the ECHR on legal relationships between individuals - a must read for every lawyer.
Between Nationalism And Europeanisation
DOWNLOAD eBooks
Author : Nevena Nancheva
language : en
Publisher: Ecpr Press
Release Date : 2015-09-25
Between Nationalism And Europeanisation written by Nevena Nancheva and has been published by Ecpr Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-09-25 with Political Science categories.
Why do we need European integration in increasingly fragmented and antagonised European societies? How can European integration relate to the national stories we carry about who we are as a nation and where we belong? What to do with the national stories that tell traumatising tales of past loss and sacrifice, and depict others as villains or foes? Can we still claim that our national states are the most legitimate way of organising European political communities today? Engaging with these big questions of European politics, Nancheva's book tells a small story from the periphery of Europe. It looks into two Balkan states post-communist Bulgaria and Macedonia to see how their narratives of national identity have changed in the context of Europeanisation and EU membership preparations. The book suggests that national identity and European integration might be more relevant than previously thought."
Pluralism And European Private Law
DOWNLOAD eBooks
Author : Leone Niglia
language : en
Publisher: Bloomsbury Publishing
Release Date : 2013-01-29
Pluralism And European Private Law written by Leone Niglia and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-01-29 with Law categories.
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.
The Struggle For European Private Law
DOWNLOAD eBooks
Author : Leone Niglia
language : en
Publisher: Bloomsbury Publishing
Release Date : 2015-03-26
The Struggle For European Private Law written by Leone Niglia and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-03-26 with Law categories.
The European codification project has rapidly gathered pace since the turn of the century. This monograph considers the codification project in light of a series of broader analytical frameworks – comparative, historical and constitutional – which make modern codification phenomena intelligible. This new reading across fields renders the European codification project (currently being promoted through the Common Frame of Reference and the Optional Sales Law Code proposal) vulnerable to constitutionally-grounded criticism, traceable to normative considerations of private law authority and legitimacy. Arguing that modern codification phenomena are more complex than positivist, socio-legal and historical approaches have suggested over the past two centuries, the book stages a pathbreaking method of analysis of the law-discourse (nomos-centred) which questions at once the reduction of private law to legislation and of law to power and, on this basis, redefines the ways in which to counter law's disintegration and crisis in the context of Europeanisation. Professor Niglia reconstructs the European codification project as a complex structure of government-in-the-making that embodies a set of contingent world views, excludes alternatives, challenges the plurality of private laws and entrenches conflicts that pertain not only to form (codification, de-codification, recodification) but also to dilemmas implicated in determining the substantive orientation of European private law. The book investigates the position of the codifiers and their discontents in the shadow of the codification strategy pursued by the European Commission – noting a new turn in the struggle over the configuration of private law which has taken place since the Savigny-Thibaut dispute of 1814 which this book critically revisits exactly two centuries later. This monograph is particularly aimed at readers interested in exploring the complexities, and interconnections, of the supposedly separate realms of comparative law, European law, private law, legal history, constitutional law, sociology of law and, last but not least, legal theory and jurisprudence.