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European Law in the Past and the Future
Unity and Diversity over Two Millennia

$31.00 USD

  • Date Published: January 2005
  • availability: This ISBN is for an eBook version which is distributed on our behalf by a third party.
  • format: Adobe eBook Reader
  • isbn: 9780511029554

$ 31.00 USD
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About the Authors
  • As Europe moves towards economic and political unification, many wonder why legal unification makes so little headway. In this concise but wide-ranging book, R. C. van Caenegem considers the historical reasons behind this legal diversity. He stresses the importance of the adoption on the Continent - but not in England - of the classical law of the Romans, and shows how the rise of the nation states led to a multitude of national codes of law. The impact of politics on legal development is another key factor, and as a graphic example van Caenegem provides a detailed account of how the German past was extolled in Nazi Germany. The book concludes with a consideration of the ongoing debate on the desirability - indeed, on the possibility - of European legal unification and of a federal constitution for a united Europe.

    • Truly transnational approach, based on familiarity both with the common law and the civil law
    • Connects the past with the future, i.e. has a look at European law in the twenty-first century on the strength of 'lessons from the past'
    • Sees legal developments not only as elements of cultural history, but shows their intimate connection with power politics
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    Reviews & endorsements

    '… a valuable discussion of the role of law (along with lawyers and courts) in the development of a 'federal' Europe.' Contemporary Review

    'For anyone interested in the … legal past and the possibility of a common European law of the future, this book is an ideal starting point … extremely well written …' Political Studies

    'This book takes the reader along a brisk, pleasant stroll down well-trodden paths - filled as they usually are with familiar turns and the occasional, unexpected gem.' Legal History

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    Product details

    • Date Published: January 2005
    • format: Adobe eBook Reader
    • isbn: 9780511029554
    • availability: This ISBN is for an eBook version which is distributed on our behalf by a third party.
  • Table of Contents

    Preface
    1. The national codes: a transient phase
    2. Ius commune: the first unification of European law
    3. Common law and civil law: neighbours yet strangers
    4. The holy books of the law
    5. Why did the ius commune conquer Europe?
    6. Law is politics
    Epilogue: a look into the twenty-first century
    Bibliography
    Index.

  • Author

    R. C. van Caenegem, Universiteit Gent, Belgium

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