基本説明
Including the debate on the Common Frame of Reference Project of the European Comission.
Full 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.
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
Bénédicte 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
