Pluralism and European private law
Author(s)
Bibliographic Information
Pluralism and European private law
Hart, 2013
Available at 6 libraries
  Aomori
  Iwate
  Miyagi
  Akita
  Yamagata
  Fukushima
  Ibaraki
  Tochigi
  Gunma
  Saitama
  Chiba
  Tokyo
  Kanagawa
  Niigata
  Toyama
  Ishikawa
  Fukui
  Yamanashi
  Nagano
  Gifu
  Shizuoka
  Aichi
  Mie
  Shiga
  Kyoto
  Osaka
  Hyogo
  Nara
  Wakayama
  Tottori
  Shimane
  Okayama
  Hiroshima
  Yamaguchi
  Tokushima
  Kagawa
  Ehime
  Kochi
  Fukuoka
  Saga
  Nagasaki
  Kumamoto
  Oita
  Miyazaki
  Kagoshima
  Okinawa
  Korea
  China
  Thailand
  United Kingdom
  Germany
  Switzerland
  France
  Belgium
  Netherlands
  Sweden
  Norway
  United States of America
Note
Includes index
Description and Table of Contents
Description
European private law has hitherto tended to be conceptualised 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 seeks to bridge 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 the vantage point of the private law domain. The book addresses critically issues such as what pluralism really means in private law and what conceptions of pluralism it embodies, including discussion about the outer boundaries of any of the pluralist understandings. Contributions address comparative, critical, historical, theoretical and normative aspects. The book provides an opportunity to engage innovatively with problematic conceptual issues which inform the work of European private law scholars, including the debate on the Common Frame of Reference Poject of the European Commision.
Table of Contents
Prologue - Of Pluralism and European Private Law Leone Niglia
PART ONE THE NEW PARADIGM: PLURALISM BETWEEN PRIVATE LAW AND CONSTITUTIONALISM
Overview of Part One - The New Paradigm: Pluralism Between Private Law and Constitutionalism
Leone Niglia
1 The Double Life of Pluralism in Europe
Leone Niglia
2 Monistic Ideology versus Pluralistic Reality - Towards a Normative Design for European Private Law
Hans-W Micklitz
3 The Poverty of Global Constitutionalism
Massimo La Torre
PART TWO COMPARATIVE AND HISTORICAL PERSPECTIVES
Overview of Part Two - Comparative and Historical Perspectives
Leone Niglia
4 Pluralism and Private Law in the Union
Norbert Reich
5 European Contract Law Through and Beyond Pluralism - the Case of an Optional Instrument
Benedicte Fauvarque-Cosson
6 Legal Pluralism in Europe: National Laws, European Legislation, and Non-legislative Codifications
Nils Jansen
PART THREE THEORETICAL PERSPECTIVES
Overview of Part Three - Theoretical Perspectives
Leone Niglia
7 Why We Have No Theory of European Private Law Pluralism
Ralf Michaels
8 A Radical View of Legal Pluralism
Jan Smits
9 A Radical View of Pluralism? Comments on Jan Smits
Brigitta Lurger
10 The Economics of Harmonising Private Law Through Optional Rules
Fernando Gomez and Juan Jose Ganuza
11 How Many Systems of Private Law are there in Europe?
Martijn W Hesselink
12 Pluralism in a New Key - Between Plurality and Normativity
Leone Niglia
Epilogue - Of European Private Law and Pluralism
Leone Niglia
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