Title: Europe and its (tragic) statelessness fantasy : the lure of European private law, post-national governance and political order /
Authors: Siliquini Cinelli, Luca
Year: 2014
Subjects: Civil law Europe.; Civil law European Union countries.; Comparative law.; Civil law; Comparative law.; Europe; European Union countries
Abstract: "This book provides the first comparative and multi-disciplinary investigation into what Siliquini Cinelli calls 'Europe's tragic statelessness fantasy'--a fantasy which is characterized by the progress in the promotion of what the author describes as the 'Europeanization of Europe' as the process to create a supra-national entity in which classic forms of law and politics (and thus the Member States) will have an increasingly weaker role. In arguing that the post-modern phase of the 'Europeanization of Europe' is the continental paradigm of the doctrine aimed at achieving the formal 'depoliticization' and 'dejuridification' of the world, Siliquini Cinelli explains why its statelessness fantasy is profoundly linked to the global '(a-)spatial turn' that legal and sociopolitical theories are undergoing.^
Contents: The current landscape of European private law -- A critique of the current academic debate on the Europeanization of private law -- An overview of legal pluralism -- Adapting constitutionalism to pluralist settings: hard-hierarchical modes versus soft-networked forms of governance -- The other side of the coin of post-national governance -- Justice -- The modern European nation-state and its 'constitution': a geopolitical 'exception' framed in a legal and ontological scheme of intelligibility -- Conclusion.