Transnational Law

Transnational Law : Rethinking European Law and Legal Thinking

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Description

In this era of globalisation, different legal systems and structures no longer operate within their own jurisdictions. The effects of decisions, policies and political developments are having an increasingly wide-reaching impact. Nowhere is this more keenly felt than in the sphere of European Union law. This collection of essays contributes to the co-operative search for interpretative and normative grids needed in charting the contemporary legal landscape. Written by leading lawyers and legal philosophers, they examine the effects of law's de-nationalisation by placing European law in the context of transnational law and demonstrate how it forces us to rethink our basic legal concepts and propose an approach to transnational law beyond the dichotomy of national and international law.show more

Product details

  • Electronic book text
  • CAMBRIDGE UNIVERSITY PRESS
  • Cambridge University Press (Virtual Publishing)
  • Cambridge, United Kingdom
  • 4 tables
  • 1139950223
  • 9781139950220

About Miguel Maduro

Miguel Maduro is Deputy Prime Minister and Minister for Regional Development of the Portuguese Government. He is also Professor of European Law and Director of the Global Governance programme at the European University Institute. From 2003 to 2009 he was Advocate General at the Court of Justice of the European Union. He is the winner of several awards for scientific excellence including the Gulbenkian Science Prize and Obiettivo Europa. Kaarlo Tuori is Professor of Jurisprudence and Academy Professor at the University of Helsinki. He is also Vice President of the Venice Commission of the Council of Europe and serves as a consulting expert on the Constitutional Law Committee at the Finnish Parliament. Suvi Sankari is Postdoctoral Researcher at the Centre of Excellence in the Foundations of European Law and Polity, University of Helsinki.show more

Table of contents

Introduction Kaarlo Tuori and Suvi Sankari; 1. Transnational law: on legal hybrids and legal perspectivism Kaarlo Tuori; Part I. Law Beyond the State(s): 2. Transnational legal thought: Plato, Europe and beyond H. Patrick Glenn; 3. Beyond the archetypes of modern legal thought: appraising old and new forms of interaction between legal orders Enzo Cannizzaro and Beatrice I. Bonafe; 4. The cosmopolitan constitution Alexander Somek; 5. On liberalism and legal pluralism Ralf Michaels; Part II. European Law: 6. Rethinking EU law in the light of pluralism and practical reason Joxerramon Bengoetxea; 7. European human rights pluralism: notion and justification Samantha Besson; 8. Rethinking justice for the EU Sionaidh Douglas-Scott; 9. Legitimacy without democracy in the EU? Perspectives on the constitutionalisation of Europe through law Christian Joerges; Part III. The Law's Divisions: 10. Rethinking the public/private divide Hans Micklitz; 11. Private law in a post-national society: from ex post to ex ante governance Jan Smits; 12. Transnational public law in Europe: beyond the lex alius loci Giacinto della Cananea; 13. The law of the Internet between globalisation and localisation Oreste Pollicino and Marco Bassini; 14. Epilogue Neil Walker.show more