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The Harmonisation of European Private Law
By
Mark Van Hoecke and François Ost
Description
This volume,which
offers a bridge between comparative law and legal theory, centers
upon debates about European legal integration, and, more generally,
about the methodology of comparative law. What should be compared?
Statutory rules, case law, legal history, law\\\'s political,
sociological and economical environment, the ideological background
of the lawyers, legal techniques, legal traditions, legal cultures,
etc.? This question is at the core of many current debates and is
discussed in many of the papers contained in this volume. The
contributors all attempt to locate law in its context, and adopt a
more theoretical and interdisciplinary approach to making
comparisons.
In taking an
interdisciplinary approach many of the contributors look at our
current law from the point of view of one non legal discipline, with
an eye on at least some other elements of law\\\'s context: notably
legal history, legal sociology (especially \\\'legal culture\\\') and
linguistics. They also contribute new ideas to various areas of legal
theory including legal epistemology, pluralist or monist conceptions
of a \\\'legal system\\\', legal methodology, judicial reasoning, the
theory of legal sources, and the analysis of concepts such as
\\\'equality\\\', \\\'rights\\\', \\\'legal principles\\\', \\\'personal rights\\\' and
\\\'personal identity\\\'.
Mark Van Hoecke is
Professor of Law and Jurisprudence at the Katholieke Universiteit
Brussel and co-director of the European Academy of Legal Theory in
Brussels.
François
Ost is Professor of Law at the Facultés Universitaires
Saint-Louis. He is Co-director of the European Academy of Legal
Theory based at the KUB and FUSL in Brussels.
Reviews
Riche
denseignements sur de nombreux points particuliers, le principal
mrite de louvrage est damener le lecteur au-del des aspects
politiques de lintgrations europene vers une rflexion gnrale sur la
definition dun systme juridique et les presupposes conomiques,
culturels ou historiques qui le sous-tendent.
Olivera Boskovic
Revue
Internationale de droit Compare
January 2001
Table Of Contents
List of
Contributors
1 The
Harmonisation of Private Law in Europe: Some Misunderstandings by
Mark van Hoecke
2 Mistaken
Identities: The Integrative Force of Private Law by Burkhard Schafer
and Zenon Bankowski
3 English Private
Law in the Context of the Codes by Geoffrey Samuel
4 The Debate on a
European Civil Code: For an \"Open Texture\" by Anthony
Chamboredon
5 European
Private Law: A New Software-Package for an Outdated Operating System?
by Alain Wijffels
6 Studying
Judicial Decisions in the Common Law and the Civil Law: A Good Way of
Discovering Some of the Most Interesting Similarities and Differences
that exist Between these Legal Families by Basil Markesinis
7 Monism and
Dualism within the European Jurisdictions by Francois Rigaux
8 The
Adjudication of Law and the Doctrine of Private Law by Fritz Jost
9 Unfair Terms in
Consumer Contracts: An Anglo-Italian Comparison by Paolisa Nebbia
10 Current
Problems of Legal Dogmatics in European Regulation: The Principle of
Equality and the Policies of Affirmative Action by Jose Garcia Anon
11 The Kalanke
Case and the Marschall Case in the Court of Justice of the European
Communities. The Women\\\'s Quota and Alexy\\\'s Principles Theory by Maria
Elosegui
12 The Right to
Personal Identity in Italian Private Law: Constitutional
Interpretation and Judge-Made Rights by Giorgio Pino
13 The Power of
Aspiration: The Impact of European Law on a non-EU Country by
Ireneusz C. Kaminski
Index
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