Towards a European Legal Culture
Author | : Geneviève Helleringer |
Publisher | : |
Total Pages | : 395 |
Release | : 2014 |
Genre | : Law |
ISBN | : 9781472561756 |
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Author | : Geneviève Helleringer |
Publisher | : |
Total Pages | : 395 |
Release | : 2014 |
Genre | : Law |
ISBN | : 9781472561756 |
Author | : Volkmar Gessner |
Publisher | : Dartmouth Publishing Company |
Total Pages | : 600 |
Release | : 1996 |
Genre | : Comparative law |
ISBN | : |
This textbook aims to illuminate the context of law in Europe by exploring its various cultures. Two interpretations of legal culture are considered. Firstly, as it is used in legal philosophy and legal theory - to characterize the professional administration of the law. Secondly, the legal-sociological understanding of legal culture as the sum of conditions that impinge upon the law's development and application, whether this be the procedural methods employed by institutions, the interests and professional qualities of the legal actors, or the general legal consciousness of the public. Both interpretations of legal culture lead to an understanding of law that suggests a certain scepticism regarding the expectation that Western Europe's successfully tried and tested legal models can be quickly applied to other societies as well. Like all cultural assets, law is subject to processes of adaptation and exchange - but its exportability is limited.
Author | : Dawid Bunikowski |
Publisher | : Cambridge Scholars Publishing |
Total Pages | : 235 |
Release | : 2017-01-06 |
Genre | : Law |
ISBN | : 1443862576 |
This ambitious book examines the historical, theoretical, and axiological foundations of European legal culture, and explores their practical impacts on current European law and legal ways of thinking in Europe. Including considerations about the history of law as well contemporary legal issues, the book consists of seven chapters authored by scholars from across the globe, from Italy to Taiwan. This volume shows that it is possible to speak of one European legal culture in terms of various countries’ common legal origins (Roman law, Greek philosophy, and medieval jurisprudence as the ius commune), while also discussing distinct national legal cultures and traditions in Europe. However, to understand the present day law and legal profession, it is necessary to go back to the values, theories, and thinkers which were influential in the progress of European law from ancient times to the 19th century. The book not only presents the theoretical and historical issues of European legal culture, but also acquaints the audience with the true axiological foundations of our contemporary legal institutions, and the methods of legal thinking in Europe. It is clear that many of our current legal concepts and institutions come from theorists such as Aristotle, Ulpian, Aquinas, Hobbes and Savigny. The book will be of particular interest to scholars and students of legal history, jurisprudence, and European law, especially in the context of the origins of European legal culture. Moreover, it will also appeal to all lawyers working in both the common law and the civil law traditions wishing to gain a greater understanding of European legal heritage.
Author | : Roberto Caranta |
Publisher | : |
Total Pages | : 0 |
Release | : 2018 |
Genre | : Comparative law |
ISBN | : 9789089521903 |
The Aarhus Convention entered into force more than 20 years ago. It lays down the pillars of environmental democracy, that is a governance systems where citizens and civil society organisations are fully involved in the decisions affecting the environment we all live in. On the one hand, the Convention drew on the experience of those jurisdictions where environmental concerns run deeper. On the other hand, once enacted, it was expected to bring about important changes in those jurisdictions which were less sensible to these issues. As such, the Convention is an ideal testing ground upon which to study how legal principles, rules, and institutions behave once they are moved from one jurisdiction to another and how the recipient jurisdiction reacts at receiving a transplant. The analysis, from a legal cultural approach to the law in the EU and 8 Member States, provides a much richer picture about how the Aarhus Convention has been implemented and what are the legal cultural enablers and obstacles to the full development of environmental democracy in different jurisdictions. Additionally, the research assesses how far a common European legal culture has developed in core areas, not just an environmental but in administrative and, to a large extent, constitutional law. The book provides and updated coverage of the implementation of the Aarhus Convention at both EU level and in a relevant number of Member States, and will be useful to academics and practitioners alike. About the editors Roberto Caranta is full professor of Administrative law with the Law Department of the University of Turin (Italy). Anna Gerbrandy professor of Competition Law at the Europa Institute of Utrecht University School of Law, the Netherlands. Dr. Bilun Mueller, LL.M. (Bruges) works at the Federal Ministry for Economic Affairs and Energy, Berlin. [Subject: EU Law, European Law, Comparative Law]
Author | : Åse B. Grødeland |
Publisher | : |
Total Pages | : |
Release | : 2015 |
Genre | : LAW |
ISBN | : 9781316358078 |
"Are national legal cultures in Europe converging or diverging as a result of the pressures of European legal integration? Åse B. Grødeland and and William L. Miller address this question by exploring the attitudes and perceptions of the general public and law professionals in five European countries: England, Norway, Bulgaria, Poland and the Ukraine. Presenting new findings, they challenge the established view that ordinary citizens and people working professionally with the law have different legal cultures. Their research in fact reveals that the attitudes of citizens in Eastern and Western Europe towards 'law-in-principle' are remarkably similar, whereas perceptions of 'law-in-practice' differ by country and often correlate with GDP per capita and country ranking in rule of law indices. Grødeland and Miller's innovative methodological approach will appeal to both experts and non-experts with an interest in legal culture, European integration, or European elite and public opinion"--
Author | : Gunter Weick |
Publisher | : Peter Lang Pub Incorporated |
Total Pages | : 245 |
Release | : 1896 |
Genre | : Law |
ISBN | : |
The inspiration for this volume of essays is a British-German conference held in 1998 in Rauischholzhausen Castle near Giessen (Germany). 15 authors from the United Kingdom and Germany deal with problems of competition and convergence of European legal systems in the context of important fields of law, for example Constitutional Law and the law of ethnic minorities, Criminal Law, Telecommunication Law, Contract Law, Securities, Law of Employment, Law of Procedure and Health Law.
Author | : Åse B. Grødeland |
Publisher | : Cambridge University Press |
Total Pages | : 589 |
Release | : 2015-07-24 |
Genre | : Law |
ISBN | : 1316352072 |
Are national legal cultures in Europe converging or diverging as a result of the pressures of European legal integration? Åse B. Grødeland and William L. Miller address this question by exploring the attitudes and perceptions of the general public and law professionals in five European countries: England, Norway, Bulgaria, Poland and the Ukraine. Presenting new findings, they challenge the established view that ordinary citizens and people working professionally with the law have different legal cultures. Their research in fact reveals that the attitudes of citizens in Eastern and Western Europe towards 'law-in-principle' are remarkably similar, whereas perceptions of 'law-in-practice' differ by country and often correlate with GDP per capita and country ranking in rule of law indices. Grødeland and Miller's innovative methodological approach will appeal to both experts and non-experts with an interest in legal culture, European integration, or European elite and public opinion.
Author | : Sören Koch |
Publisher | : Springer Nature |
Total Pages | : 1171 |
Release | : 2023-05-30 |
Genre | : Law |
ISBN | : 3031277457 |
Cooperation across borders requires both knowledge of and understanding of different cultures. This is especially true when it comes to the law. This handbook is the first to comprehensively present selected legal cultures based on a very specific set of structural elements which can be found in all such cultures. Legal cultures are a product of and impacted by certain fundamental and commonly shared ideas on and expectations of the law. In all modern societies these ideas are to a certain degree institutionalized or at least embedded in institutionalized practices. These practices determine the way lawyers are educated and apply the law, how they engage with the ongoing internationalization of law and what kind of values they adhere to. Looking at these elements separately enables the reader to identify similarities and differences and to explain them contextually. Understanding these general features of legal cultures can help avoid misunderstandings or misinterpretations of foreign law and its application. Accordingly, this handbook is a necessary starting point for all kinds of legal comparative studies conducted by academics, students, judges and other legal practitioners.
Author | : Randall Lesaffer |
Publisher | : Cambridge University Press |
Total Pages | : 561 |
Release | : 2009-06-25 |
Genre | : History |
ISBN | : 0521877989 |
This historical introduction to the civil law tradition considers the political and cultural context of Europe's legal history from its Roman roots. Political, diplomatic and constitutional developments are discussed, and the impacts of major cultural movements, such as scholasticism, humanism, the Enlightenment and Romanticism, on law and jurisprudence are highlighted.
Author | : Geneviève Helleringer |
Publisher | : Hart Pub Limited |
Total Pages | : 395 |
Release | : 2014 |
Genre | : Law |
ISBN | : 9781849464918 |
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.