This seminal book develops a new perspective on the debate concerning the Europeanisation of private law.
The theory is both realistic, building on existing experience, and normative as it focuses on the future. It outlines ‘good’ Europeanisation in which legal sources can be used across borders; hence the free movement of legal ideas. At its core, is the analysis of the legal consequences of growing societal uncertainty and increasing use of micro-politics, leading to a situation where the law develops through small narratives rather than according to a coherent master plan. The inevitable rule of law concerns around such a development, have to be addressed by transparent legal reasoning.
The author masterfully illustrates how this can be achieved in decision-making across Europe, drawing on arguments which are both substantive and authoritative in nature. He shows how all legal actors, including decision-makers and scholars, are morally responsible for the choices made.
This is a fascinating intervention in the field of European private law by one of its leading authorities.
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A significant contribution to the debate on the Europeanisation of private law by one of its leading commentators, calling for a free movement of legal ideas.
Important statement on the Europeanisation of private law by one of its leading commentators
This series publishes works on private law with a focus on its future development. It adopts a broad understanding of the field, which combines the traditional doctrinal core of private law with regulatory private law, and which places national legal traditions in the context of legal pluralism and with reference to transnational commercial law. Methodologically, the series is committed to an interdisciplinary exploration of the breadth and depth of the challenges that private law is facing. Thus the series combines doctrinal or interpretive legal research with the use of methods drawn from economics, sociology, psychology, political science, and science and technology studies. At the same time, it respects the free-standing methods and understandings that traditional legal science applies to private law. The series editors welcome contributions that will expand the boundaries of private law scholarship while retaining its disciplinary coherence.
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Produktdetaljer
ISBN
9781509977253
Publisert
2024-07-11
Utgiver
Vendor
Hart Publishing
Høyde
234 mm
Bredde
156 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
312
Forfatter