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European legal cultures

By: Contributor(s): Publication details: Aldershot Dartmouth 1996Description: 567p xviiISBN:
  • 9781855215306
  • 1855215306
Subject(s): DDC classification:
  • 340.115000 GES
Contents:
Contents: Series Foreword xv; Foreword xvii; Part One Common traditions: Historical regions of Europe; Foundations of European legal culture; Conceptualization compared - civil law and common law; Immutability of rules and principles of legal development; Formalism and anti-formalism of modern law; Legal development - customary, judge-made and statutory; Commonality of the law of the European Union. Part Two The European legal mind: The Roman conception of law; Approach to law - medieval and modern; Jjudicial style - British and French; decision reasoned - French, German, English, Nordic; Citation of norms, reference to norms; precedent in English law; Decisional law in Germany; Legislative material in the construction of Swedish statutes; Courts and judging - civil law and common law; Psychology and mentality in the survival of an old dichotomy; Isolation in the historical perception of "splendid isolation"; Commonality and mutual untranslatability of legal terminology; Ends and means compared; Towards a European convergence through European values? Part Three Totalitarian legal culture: The concept of law under National Socialism; The degeneration of justice in the Third Reich; The Soviet versions of totalitarian legal culture. Part Four The patchwork of legal cultures in Europe: Llegal cultures compared - the American and the French and the German; The Italian legal culture; The Western model of administration; Styles of state intervention; The settlement of administrative disputes; Llabour jurisdiction in France and Germany; Styles of judicial intervention in juvenile justice; The role of courts in the Netherlands and Germany; The role of courts in situations of social crisis; Associations in the legislative process; The role of lawyers in different political environments; Tthe globalization of the legal profession; Market cultures and corporatist cultures in European business relations; Criminality in East and West. Part Five Transition to the rule of law: Legal continuity discontinued; Dilemmas of social justice in transition; The problem of statutory limitations; Constitutional review compared; Judicial activism in controlling the constitutionality of legislation; Public administration transformed; Civil society and local self-government; The state of civil law in Hungary between yesterday and tomorrow; Biases of constitutionalism and the rule of law; Perspectives of law for the region; Imposition without adaptation? - new opportunities for old failure; Part Six European integration: European integration by law; Socio-legal contours of the project Europe; The lack of a European public opinion; Legal problems of multilingualism; The Europeanization of agriculture as an example for modernization; The emergence of new institutional arrangements in the Union. Index.
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Contents:
Series Foreword xv;
Foreword xvii;
Part One Common traditions:
Historical regions of Europe;
Foundations of European legal culture;
Conceptualization compared - civil law and common law;
Immutability of rules and principles of legal development;
Formalism and anti-formalism of modern law;
Legal development - customary, judge-made and statutory;
Commonality of the law of the European Union.
Part Two The European legal mind:
The Roman conception of law;
Approach to law - medieval and modern;
Jjudicial style - British and French; decision reasoned - French, German, English, Nordic;
Citation of norms, reference to norms; precedent in English law;
Decisional law in Germany;
Legislative material in the construction of Swedish statutes;
Courts and judging - civil law and common law;
Psychology and mentality in the survival of an old dichotomy;
Isolation in the historical perception of "splendid isolation";
Commonality and mutual untranslatability of legal terminology;
Ends and means compared;
Towards a European convergence through European values?
Part Three Totalitarian legal culture:
The concept of law under National Socialism;
The degeneration of justice in the Third Reich;
The Soviet versions of totalitarian legal culture.
Part Four The patchwork of legal cultures in Europe:
Llegal cultures compared - the American and the French and the German;
The Italian legal culture;
The Western model of administration;
Styles of state intervention;
The settlement of administrative disputes;
Llabour jurisdiction in France and Germany;
Styles of judicial intervention in juvenile justice;
The role of courts in the Netherlands and Germany;
The role of courts in situations of social crisis;
Associations in the legislative process;
The role of lawyers in different political environments;
Tthe globalization of the legal profession;
Market cultures and corporatist cultures in European business relations;
Criminality in East and West.
Part Five Transition to the rule of law:
Legal continuity discontinued;
Dilemmas of social justice in transition;
The problem of statutory limitations;
Constitutional review compared;
Judicial activism in controlling the constitutionality of legislation;
Public administration transformed;
Civil society and local self-government;
The state of civil law in Hungary between yesterday and tomorrow;
Biases of constitutionalism and the rule of law;
Perspectives of law for the region;
Imposition without adaptation? - new opportunities for old failure;
Part Six European integration:
European integration by law;
Socio-legal contours of the project Europe;
The lack of a European public opinion;
Legal problems of multilingualism;
The Europeanization of agriculture as an example for modernization;
The emergence of new institutional arrangements in the Union.
Index.