Towards a European Legal Culture

ISBN-13: 9781849464918 / Angielski / Twarda / 2014 / 500 str.

Genevieve Helleringer

Opis

European harmonization efforts - such as a European civil code, European constitutional treaties, European principles, and European fundamental rights - are frequently criticized 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 harmonizing exercises. The contributors to this book explore 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 a European legal culture, but rather constitutes a new, different understanding of it. The book demonstrates in detail how such an approach - inter alia in the areas of private, corporate, administrative, and constitutional law - furthers the understanding of a developing European legal culture, how it offers theoretical and doctrinal insights, and how it adds critical perspective.