Towards a Truly Common Law: Europe as a Laboratory for Legal Pluralism

ISBN-13: 9780521812313 / Angielski / Twarda / 2002 / 268 str.

Auteur Mireille Delmas-Marty; Naomi Norberg

Opis

As we move towards a more global legal community, often with accompanying injustice and violence, Mireille Delmas-Marty demonstrates an urgent need to reconstruct the national and international legal landscapes. She argues that legal reasoning can be applied to concepts such as human rights for European citizens in the new world order. The book will be of interest to all comparative European lawyers, and to social scientists and legal theorists grappling with contemporary issues in legal pluralism and globalization.

Spis treści

Preface; List of abbreviations; Table of cases cited by jurisdiction; Introduction; Part I. Reconstructing the Landscape: 1. Disappearing landmarks; 2. Emerging sources; 3. Redrawing the lines; Part II. Building on Multiplicity: 4. Prescribe: from precise rules to vague notions; 5. Interpret: from classical logic to 'new' logics; 6. Legitimate: from general legal principles to a 'law of human rights'; Part III. Reinventing Common Law: 7. The challenge of specialist societies; 8. The European laboratory; 9. The worldwide stakes; Author index; Index.