Towards a European legal culture
By: edited by Geneviève Helleringer and Kai Purnhagen
Publisher: C.H. Beck; Hart; Nomos; Nomos/Hart
Published: 2014
Place of publication: München; Portland, OR; Baden-Baden
Language: eng
Number of pages: 395
ISBN-13: 9781849464918; 9783832971953; 9783406634208
Copyright date: 2014
Subjects: Law; Philosophy
Description: European harmonisation efforts such as a European civil code, European constitutional treaties, European principles, and European fundamental rights are frequently criticised for building on or creating a European legal culture that does not exist; in reality what we have is European legal pluralism. Some have argued that the pluralistic structure of European law hinders the development of a community, which is a necessary requirement for a European legal culture. And if there can be no common European legal culture then there is no basis for harmonising exercises.The contributors to this book explore in different legal areas whether in fact the contrary is true. Cultural pluralism might indeed be a distinctive feature of European legal culture. Diversity is not something that is in opposition to, but rather constitutes a new, different understanding of European legal culture. The contributions demonstrate in detail how such an approach inter alia in the areas of private, corporate, administrative and constitutional law furthers understanding of a developing European legal culture, how it offers theoretical and doctrinal insights, and how it adds critical perspective
Notes: This work has been made possible with the kind support of Fritz Thyssen Stiftung.

Includes bibliographical references.
Table of contents: title: On the terms, relevance and impact of a European legal culture  -- Geneviève Helleringer, Kai Purnhagen; title: The new European legal culture : ten years on  -- Martijn W. Hesselink; title: Dogmatics in comparison to US-American law and economics : dogmatism as a cultural element of law in Europe?  -- Régis Lanneau; title: (Legal) culture in the European Union and the United States - a comparative political science perspective  -- Dennis-Jonathan Mann; title: The (un)-systematics of (private) law as an element of European culture  -- Hans-W. Micklitz; title: Ligations divide and conquer : using legal domains in comparative legal studies  -- Matthew Dyson; title: Cultures of administrative law in Europe : from Weberian bureaucracy to 'law and economics'  -- Klaus Mathis; title: Quotas and the transatlantic divergence of corporate governance culture  -- Véronique Magnier/Darren Rosenblum; title: The freedom of risk-taking in European legal cultures  -- Hugo Barbier; title: A common culture in European legal education? - a constitutional approach on applied pluralism   -- Nicos Simantiras; title: The potential for contract clauses to build a European legal culture  -- Geneviève Helleringer; title: Statecraft, the market state and the development of European legal culture  -- Ari Afilalo, Dennis Patterson, Kai Purnhagen; title: Legal principles in EU law as an expression of a European legal culture between unity and diversity  -- Constanze Semmelmann; title: Europe vs the nation-state in private law? legal cultures and their community-building function  -- Guido Comparato; title: When law became cultivated : 'European legal culture' between Kultur and civilization  -- Helge Dedek; title: Judges in Utopia : fundamental rights as constitutive elements of a European private legal culture -- Chantal Mak.