European Legal Cultures

European Legal Cultures

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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.
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Product details

  • Paperback | 586 pages
  • 153 x 220 x 31.75mm | 750g
  • Dartmouth Publishing Co Ltd
  • United Kingdom
  • English
  • 1855215306
  • 9781855215306

Table of contents

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; judicial 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: legal 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; labour 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; the 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.
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