European Law in the Past and the Future
Unity and Diversity over Two Millennia
- Author: R. C. van Caenegem, Universiteit Gent, Belgium
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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.Read more
- 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
Reviews & endorsements
'… a valuable discussion of the role of law (along with lawyers and courts) in the development of a 'federal' Europe.' Contemporary ReviewSee more reviews
'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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- 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
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
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