The Structural Transformation Of European Private Law
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The Structural Transformation Of European Private Law
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Author : Leone Niglia
language : en
Publisher: Bloomsbury Publishing
Release Date : 2023-06-15
The Structural Transformation Of 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 2023-06-15 with Law categories.
This book proposes a new analysis of the transformation of Europe through integration, exactly 30 years after the beginning of transformation scholarship. It consists of a reconstruction of the development and present condition of European integration in relation to private ordering. Looking at the interface between, on the one hand, the EU constitutional order and, on the other hand, private ordering, the book recounts three major structural transformations over the last six decades. Delving into the private law areas most exposed to the current modernisation wave – consumer law, internal market, lex mercatoria, digitisation, artificial intelligence, data protection, standardised contracts, finance and political economy, and labour – the book critically explores a reconfiguration of Europe's constitutional structures relative to, and that results from, what to some appears to be an almost irresistible rise of private ordering through a transformed hermeneutics (balancing). This is a magisterial survey of European law, European private law, and comparative law seen through a pathbreaking comparative methodology labelled 'juridical comparative hermeneutics' within civil law systems and across the civil-common law divide, which offers innovative analytical tools that afford a deep understanding of the evolution of the disciplines.
The Structural Transformation Of European Private Law
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Author : Leone Niglia
language : en
Publisher:
Release Date : 2022
The Structural Transformation Of European Private Law written by Leone Niglia and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022 with Civil law categories.
"This book offers a ground-breaking reading, both comparative and historical, of the structure and transformation of private law in continental Europe. In so doing it reconstructs a hermeneutical praxis that is (it is argued) at the core of private law: the balancing of conflicting interests and normative considerations. It makes three key arguments; firstly that 'balancing' in private law is a not merely an analytical process but instead a form of legal argument. Secondly, in order to truly understand private law, a bottom-up historical analysis must be adopted. Thirdly, 'balancing' has always been a comparative process within civil law systems and across the civil-common law divide. This is an ambitious and magisterial survey of European private law, which offers innovative analytical tools in order to allow a deep understanding of the evolution of the discipline."--
The Struggle For European Private Law
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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.
The Future Of Eu Constitutionalism
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Author : Matej Avbelj
language : en
Publisher: Bloomsbury Publishing
Release Date : 2023-02-23
The Future Of Eu Constitutionalism written by Matej Avbelj and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-02-23 with Law categories.
Is there a real and meaningful future for EU constitutionalism? This collection explores this question in light of recent challenges to EU constitutional law; namely the pandemic and the political schisms emerging across the European Union. The contributors explore the question through the prism of the five main pillars of EU constitutionalism: the constitutional values, the EU formal constitutional framework, its substance consisting of the EU political and economic constitution, and conclude by looking at the foundational concept of sovereignty (national and European) in a global realm. Drawing on expertise from both 'old' and 'new' Europe, it gives voice to the most fundamental question facing the Union in its second half century.
The Transformation Of Economic Law
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Author : Lucila de Almeida
language : en
Publisher: Bloomsbury Publishing
Release Date : 2019-09-05
The Transformation Of Economic Law written by Lucila de Almeida and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-09-05 with Law categories.
This book is written in honour of Hans-W. Micklitz for his jubilee 70th birthday and the closure of his twelve-year term as the Chair for Economic Law at the European University Institute (EUI). Hans-W. Micklitz has gained international recognition for dedicating his extensive and fruitful career to diverse areas of law: European Economic Law, European Private Law, National and European Consumer Law, Legal Theory, theories of Private Law and Social Justice. This book is a product of the collaborative endeavors of its contributors, who all have a special connection with Hans W. Micklitz as his doctoral supervisees or research assistants. The collection of twenty chapters is to be read as the influence of Hans's dialogues in the early stage of the academic career of thirty-one young legal scholars. The volume is divided into three sections devoted to subjects that have received Hans's attention while at the EUI: EU Consumer Law (part I); European Private Law and Access Justice (part II); the CJEU between the individual citizen and the Member States (part III).
Rights And Private Law
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Author : Donal Nolan
language : en
Publisher: Bloomsbury Publishing
Release Date : 2011-12-02
Rights And Private Law written by Donal Nolan and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-12-02 with Law categories.
In recent years a strand of thinking has developed in private law scholarship which has come to be known as 'rights' or 'rights-based' analysis. Rights analysis seeks to develop an understanding of private law obligations that is driven, primarily or exclusively, by the recognition of the rights we have against each other, rather than by other influences on private law, such as the pursuit of community welfare goals. Notions of rights are also assuming greater importance in private law in other respects. Human rights instruments are having an increasing influence on private law doctrines. And in the law of unjust enrichment, an important debate has recently begun on the relationship between restitution of rights and restitution of value. This collection is a significant contribution to debate about the role of rights in private law. It includes essays by leading private law scholars addressing fundamental questions about the role of rights in private law as a whole and within particular areas of private law. The collection includes contributions by advocates and critics of rights-based approaches and provides a thorough and balanced analysis of the relationship between rights and private law.
Eu Law In Populist Times
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Author : Francesca Bignami
language : en
Publisher: Cambridge University Press
Release Date : 2020-01-02
Eu Law In Populist Times written by Francesca Bignami and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-01-02 with Law categories.
A state-of-the-art analysis of the contentious areas of EU law that have been put in the spotlight by populism.
The Goals Of Private Law
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Author : Andrew Robertson
language : en
Publisher: Bloomsbury Publishing
Release Date : 2009-11-16
The Goals Of Private Law written by Andrew Robertson and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-11-16 with Law categories.
This collection contributes to a fundamentally important set of debates about the nature of private law. The essays consider whether private law should be seen as having goals and, if so, whether those goals are particular to private as opposed to public law. They consider the legitimacy of the pursuit of community welfare goals in private law and the place of instrumentalist thinking in private law scholarship. They explore the relationship between the pursuit of policy goals and the other influences that shape private law, such as the formal values of certainty, consistency and coherence and the need to do justice to the parties to particular disputes. The collection analyses the role that particular policy goals do and should play in particular private law doctrines, and contributes to debate about the relationship between community welfare goals and considerations of interpersonal morality arising from the interactions between individuals. The contributors are drawn from across the common law world and offer a diverse range of perspectives on the controversies under consideration.
Structural Transformation In South Africa
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Author : Antonio Andreoni
language : en
Publisher: Oxford University Press
Release Date : 2021
Structural Transformation In South Africa written by Antonio Andreoni and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Business & Economics categories.
Taking South Africa as an important case study of the challenges of structural transformation, Structural Transformation in South Africa offers a new micro-meso level framework and evidence linking country-specific and global dynamics of change, with a focus on the current challenges and opportunities faced by middle-income countries. Detailed analyses of industry groupings and interests in South Africa reveal the complex set of interlocking country-specific factors which have hampered structural transformation over several decades, but also the emerging productive areas and opportunities for structural change. The structural transformation trajectory of South Africa presents a unique country case, given its industrial structure, concentration and highly internationalized economy, as well as the objective of black economic empowerment. Structural Transformation in South Africa links these micro-meso dynamics to global forces driving economic, institutional and social change. This include digital industrialization, global value chain consolidation, financialization, environmental and other sustainability challenges, which are reshaping structural transformation dynamics across middle-income countries like South Africa. While these new drivers of change are disrupting existing industries and interests in some areas, in others they are reinforcing existing trends and configurations of power. The book analyses the ways in which both the domestic and global drivers of structural transformation shape-and, in some cases, are shaped by-a country's political settlement and its evolution. By focusing on the political economy of structural transformation, the book disentangles the specific dynamics underlying the South African experience of the middle-income country conundrum. In so doing, it brings to light the broader challenges faced by similar countries in achieving structural transformation via industrial policies.
Research Handbook On General Principles In Eu Law
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Author : Ziegler, Katja S.
language : en
Publisher: Edward Elgar Publishing
Release Date : 2022-04-22
Research Handbook On General Principles In Eu Law written by Ziegler, Katja S. and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-04-22 with Political Science categories.
This Research Handbook offers a comprehensive study of existing and emerging general principles of EU law by scholars from a wide range of expertise in EU law, international law, legal theory and different areas of substantive law. It explores the theory, content, role and function of general principles in EU law to better understand general principles as a mechanism for the substantive openness of the EU legal order as well as for cross-fertilization and coherence of legal orders. Their potential as a tool to manage the interaction of legal regimes and orders is a particular focal point and will make this Handbook a must-read for scholars of EU Law.