The harmonisation of European private law
著者
書誌事項
The harmonisation of European private law
（European Academy of legal theory series）
Hart, 2000
大学図書館所蔵 全17件
注記
Includes bibliographical references and index
内容説明・目次
内容説明
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'.
目次
- The harmonisation of private law in Europe - some misunderstandings, Mark van Hoecke
- mistaken identities - the integrative force of private law, Burkhard Schafer and Zenon Bankowski
- English private law in the context of the codes, Geoffrey Samuel
- the debate on a European civil code - for an "open texture", Anthony Chamboredon
- European private law - a new software package ofr an outdated operating system?, Alain Wijffels
- studying judical 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 familes, Basil Markesinis
- monism and dualism within the European jurisdictions, Francois Rigaux
- the adjudication of law and the doctrine of private law, Fritz Jost
- unfair terms in consumer contracts - an Anglo-Italian comparison, Paolisa Nebbia
- current problems of legal dogmatics in European regulation - the principle of equality and the policies of affirmative action, Jose Garcia Anon
- 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, Maria Elosegui
- the right to personal identity in Italian private law - constitutional interpretation and judge-made rights, Giorgio Pino
- the power of aspiration - the impact of European law on a non-Eu country, Ireneusz C. Kaminski.
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