European law in the past and the future : unity and diversity over two millennia
著者
書誌事項
European law in the past and the future : unity and diversity over two millennia
Cambridge University Press, 2002
- : hardback
- : pbk
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注記
Bibliography: p. 144-167
Includes index
内容説明・目次
内容説明
As Europe moves towards economic and political unification, many wonder why legal unification makes so little headway. In this concise but wide-ranging book, R. C. van Caenegem considers the historical reasons behind this legal diversity. He stresses the importance of the adoption on the Continent - but not in England - of the classical law of the Romans, and shows how the rise of the nation states led to a multitude of national codes of law. The impact of politics on legal development is another key factor, and as a graphic example van Caenegem provides a detailed account of how the German past was extolled in Nazi Germany. The book concludes with a consideration of the ongoing debate on the desirability - indeed, on the possibility - of European legal unification and of a federal constitution for a united Europe.
目次
- Preface
- 1. The national codes: a transient phase
- 2. Ius commune: the first unification of European law
- 3. Common law and civil law: neighbours yet strangers
- 4. The holy books of the law
- 5. Why did the ius commune conquer Europe?
- 6. Law is politics
- Epilogue: a look into the twenty-first century
- Bibliography
- Index.
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