Towards a European legal culture edited by Geneviève Helleringer and Kai Purnhagen.

Format:

Book

Contributor:

Helleringer, Geneviève, editor of compilation.

Purnhagen, Kai, editor of compilation.

Language:

English

Subjects (All):

Law--Europe.

Law.

Law--Philosophy.

Physical Description:

1 online resource (xvi, 395 pages)

Place of Publication:

München C.H. Beck Portland, OR Hart Baden-Baden : Nomos 2014.

Language Note:

English

Summary:

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

Contents:

On the terms, relevance and impact of a European legal culture / Geneviève Helleringer, Kai Purnhagen

The new European legal culture : ten years on / Martijn W. Hesselink

Dogmatics 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 Mann

The (un)-systematics of (private) law as an element of European culture / Hans-W. Micklitz

Ligations divide and conquer : using legal domains in comparative legal studies / Matthew Dyson

Cultures of administrative law in Europe : from Weberian bureaucracy to 'law and economics' / Klaus Mathis

Quotas and the transatlantic divergence of corporate governance culture / Véronique Magnier/Darren Rosenblum

The freedom of risk-taking in European legal cultures / Hugo Barbier

A common culture in European legal education? - a constitutional approach on applied pluralism / Nicos Simantiras

The potential for contract clauses to build a European legal culture / Geneviève Helleringer

Statecraft, the market state and the development of European legal culture / Ari Afilalo, Dennis Patterson, Kai Purnhagen

Legal principles in EU law as an expression of a European legal culture between unity and diversity / Constanze Semmelmann

Europe vs the nation-state in private law? legal cultures and their community-building function / Guido Comparato

When law became cultivated : 'European legal culture' between Kultur and civilization / Helge Dedek

Judges in Utopia : fundamental rights as constitutive elements of a European private legal culture / Chantal Mak

On the Terms, Relevance and Impact of a European Legal Culture

Geneviève Helleringer

Kai Purnhagen

Part I Law and Culture - Two Uneasy Bedfellows

The New European Legal Culture - Ten Years On

Martijn W. Hesselink

Dogmatics 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 Mann

The (Un)-Systematics of (Private) Law as an Element of European Culture

Hans-W. Micklitz

Ligations Divide and Conquer: Using Legal Domains in Comparative Legal Studies

Matthew Dyson

Cultures of Administrative Law in Europe: From Weberian Bureaucracy to 'Law and Economics'

Klaus Mathis

Part II Shaping Legal Norms with Culture

Quotas and the Transatlantic Divergence of Corporate Governance Culture

Véronique Magnier

Darren Rosenblum

The Freedom of Risk-Taking in European Legal Cultures

Hugo Barbier

A Common Culture in European Legal Education? - A Constitutional Approach on Applied Pluralism -

Nicos Simantiras

The Potential for Contract Clauses to Build a European Legal Culture

Part III Shaping Culture with Legal Norms

Statecraft, the Market State and the Development of European Legal Culture

Ari Afilalo

Dennis Patterson

Legal Principles in EU Law as an Expression of a European Legal Culture between Unity and Diversity

Constanze Semmelmann

Europe vs the Nation-State in Private Law? Legal Cultures and their Community-building Function

Guido Comparato

When Law Became Cultivated: 'European Legal Culture' between Kultur and Civilization

Helge Dedek

Judges in Utopia Fundamental Rights as Constitutive Elements of a European Private Legal Culture

Chantal Mak

Notes:

This work has been made possible with the kind support of Fritz Thyssen Stiftung

Includes bibliographical references

ISBN:

9781472561756

1472561759

OCLC:

820707350