Full 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.
Contents
On the Terms, Relevance and Impact of a European Legal Culture
Geneviève Helleringer/Kai Purnhagen
Part I Law and Culture - Two Uneasy Bedfellows
The New European Legal Culture - Ten Years On
Martijn W. Hesselink
Dogmatics in Comparison to US-American Law and Economics - Dogmatism as a Cultural Element of Law in Europe?
Régis Lanneau
(Legal) Culture in the European Union and the United States - a Comparative Political Science Perspective
Dennis-Jonathan Mann
The (Un)-Systematics of (Private) Law as an Element of European Culture
Hans-W. Micklitz
Ligations Divide and Conquer: Using Legal Domains in Comparative Legal Studies
Matthew Dyson
Cultures of Administrative Law in Europe: From Weberian Bureaucracy to 'Law and Economics'
Klaus Mathis
Part II Shaping Legal Norms with Culture
Quotas and the Transatlantic Divergence of Corporate Governance Culture
Véronique Magnier/Darren Rosenblum
The Freedom of Risk-Taking in European Legal Cultures
Hugo Barbier
A Common Culture in European Legal Education? - A Constitutional Approach on Applied Pluralism -
Nicos Simantiras
The Potential for Contract Clauses to Build a European Legal Culture
Part III Shaping Culture with Legal Norms
Statecraft, the Market State and the Development of European Legal Culture
Ari Afilalo/Dennis Patterson/Kai Purnhagen
Legal Principles in EU Law as an Expression of a European Legal Culture between Unity and Diversity
Constanze Semmelmann
Europe vs the Nation-State in Private Law? Legal Cultures and their Community-building Function
Guido Comparato
When Law Became Cultivated: 'European Legal Culture' between Kultur and Civilization
Helge Dedek
Judges in Utopia Fundamental Rights as Constitutive Elements of a European Private Legal Culture
Chantal Mak
