European private law has hitherto tended to be conceptualized firmly around ideas of unity and harmony. Yet, the discourse within other areas of European law, notably constitutional law scholarship, visibly adopts pluralist perspectives. This book bridges the gap between 'public' and 'private' law by looking at European private law from various pluralist positions and by investigating old and new ways in which to understand legal pluralism in general. It fills a gap in the wide literature on legal pluralism, as the first book entirely dedicated to offering an insight into legal pluralism from...

Now available in paperback 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...

In an era that seeks to challenge the notion of the universality of human rights, this thought-provoking book explores their fundamental nature and considers the work and influence of German legal scholar and constitutional lawyer Robert Alexy, on contemporary jurisprudence and European Union law. What is the justification of balancing versus trading off fundamental rights against other rights and collective goods? Are there utilitarian considerations that can limit the normative force of human rights? Utilising both "ideal" and "critical" perspectives, this innovative book focuses on...