Pluralism and European private law
- Oxford ; Portland, Or. : Hart Pub., 2013.
- Physical description
- xiii, 277 p. ; 24 cm.
KJC985 .P58 2013
- Unknown KJC985 .P58 2013
- Niglia, Leone.
- Includes bibliographical references and index.
- Prologue: Of pluralism and European private law / Leone Niglia
- The double life of pluralism in Europe / Leone Niglia
- Monistic ideology versus pluralistic reality : towards a normative design for European private law / Hans-W Micklitz
- The poverty of global constitutionalism / Massimo La Torre
- Pluralism and private law in the Union / Norbert Reich
- European contract law through and beyond pluralism : the case of an optional instrument / Bénédicte Fauvarque-Cosson
- Legal pluralism in Europe : national laws, European legislation, and non-legislative codifications / Nils Jansen
- Why we have no theory of European private law pluralism / Ralf Michael
- A radical view of legal pluralism / Jan Smits
- A radical view of pluralism? : comments on Jan Smits / Brigitta Lurger
- The economics of harmonising private law through optional rules / Fernando Gomez and Juan Jose Ganuza
- How many systems of private law are there in Europe? / Martijn W Hesselink
- Pluralism in a new key : between plurality and normativity / Leone Niglia
- Epilogue: Of European private law and pluralism / Leone Niglia.
- Publisher's Summary
- 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.
(source: Nielsen Book Data)
- Publication date
- edited by Leone Niglia.
- Book developed out of a symposium held at the University of Exeter in 2011.