The Politics of European Legal Research

The Politics of European Legal Research
Title The Politics of European Legal Research PDF eBook
Author Bartl, Marija
Publisher Edward Elgar Publishing
Pages 288
Release 2022-04-19
Genre Law
ISBN 180220119X

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Making a key contribution to the contemporary debate about methods in European legal research, this comprehensive book looks behind different methodologies to explore the institutional, disciplinary, and political conflicts that shape questions of ‘method’ or ‘approach’ in European legal scholarship. Offering a new perspective on the underlying politics of method, it identifies four core dimensions of methodological struggle in legal research – the politics of questions, the politics of answers, the politics of legal audiences, and the politics of the concept of law.

The Politics of Justice in European Private Law

The Politics of Justice in European Private Law
Title The Politics of Justice in European Private Law PDF eBook
Author Hans-W Micklitz
Publisher Cambridge University Press
Pages 489
Release 2018-11-15
Genre Law
ISBN 1108424120

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Compares national concepts of social justice with the developing European concept of access justice.

Eurolegalism

Eurolegalism
Title Eurolegalism PDF eBook
Author R. Daniel Kelemen
Publisher Harvard University Press
Pages 379
Release 2011-04
Genre Law
ISBN 0674046943

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Despite western Europe's traditional disdain for the United States' "adversarial legalism," the European Union is shifting toward a very similar approach to the law, according to Daniel Kelemen. Coining the term "eurolegalism" to describe the hybrid that is now developing in Europe, he shows how the political and organizational realities of the EU make this shift inevitable. The model of regulatory law that had long predominated in western Europe was more informal and cooperative than its American counterpart. It relied less on lawyers, courts, and private enforcement, and more on opaque networks of bureaucrats and other interests that developed and implemented regulatory policies in concert. European regulators chose flexible, informal means of achieving their objectives, and counted on the courts to challenge their decisions only rarely. Regulation through litigation-central to the U.S. model-was largely absent in Europe. But that changed with the advent of the European Union. Kelemen argues that the EU's fragmented institutional structure and the priority it has put on market integration have generated political incentives and functional pressures that have moved EU policymakers to enact detailed, transparent, judicially enforceable rules-often framed as "rights"-and back them with public enforcement litigation as well as enhanced opportunities for private litigation by individuals, interest groups, and firms.

Research Handbook on the Politics of EU Law

Research Handbook on the Politics of EU Law
Title Research Handbook on the Politics of EU Law PDF eBook
Author Paul James Cardwell
Publisher Edward Elgar Publishing
Pages 421
Release 2020-07-31
Genre Political Science
ISBN 1788971280

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Offering a wealth of thought-provoking insights, this topical Research Handbook analyses the interplay between the law and politics of the EU and examines the role of law and legal actors in European integration.

European Legal History

European Legal History
Title European Legal History PDF eBook
Author Randall Lesaffer
Publisher Cambridge University Press
Pages 561
Release 2009-06-25
Genre History
ISBN 0521877989

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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.

European Union Law

European Union Law
Title European Union Law PDF eBook
Author Catherine Barnard
Publisher Oxford University Press
Pages 977
Release 2017
Genre Law
ISBN 0198789130

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Written by experts, this innovative textbook offers students a relevant, case-focused account of EU law. Under the experienced editorship of Catherine Barnard and Steve Peers, the text draws together a range of perspectives on EU law designed to introduce students to the key debates and case law which shape this vast subject.

The Oxford Handbook of European Legal History

The Oxford Handbook of European Legal History
Title The Oxford Handbook of European Legal History PDF eBook
Author Heikki Pihlajamäki
Publisher Oxford University Press
Pages 1217
Release 2018-06-28
Genre Law
ISBN 0191088374

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European law, including both civil law and common law, has gone through several major phases of expansion in the world. European legal history thus also is a history of legal transplants and cultural borrowings, which national legal histories as products of nineteenth-century historicism have until recently largely left unconsidered. The Handbook of European Legal History supplies its readers with an overview of the different phases of European legal history in the light of today's state-of-the-art research, by offering cutting-edge views on research questions currently emerging in international discussions. The Handbook takes a broad approach to its subject matter both nationally and systemically. Unlike traditional European legal histories, which tend to concentrate on "heartlands" of Europe (notably Italy and Germany), the Europe of the Handbook is more versatile and nuanced, taking into consideration the legal developments in Europe's geographical "fringes" such as Scandinavia and Eastern Europe. The Handbook covers all major time periods, from the ancient Greek law to the twenty-first century. Contributors include acknowledged leaders in the field as well as rising talents, representing a wide range of legal systems, methodologies, areas of expertise and research agendas.