Common European Legal Thinking

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The Oxford Handbook of European Legal History

Author : Heikki Pihlajamäki
Publisher : Oxford University Press
ISBN 13 : 0191088374
Total Pages : 1217 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis The Oxford Handbook of European Legal History by : Heikki Pihlajamäki

Download or read book The Oxford Handbook of European Legal History written by Heikki Pihlajamäki and published by Oxford University Press. This book was released on 2018-06-28 with total page 1217 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Common European Legal Thinking

Author : Hermann-Josef Blanke
Publisher : Springer
ISBN 13 : 3319193007
Total Pages : 620 pages
Book Rating : 4.3/5 (191 download)

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Book Synopsis Common European Legal Thinking by : Hermann-Josef Blanke

Download or read book Common European Legal Thinking written by Hermann-Josef Blanke and published by Springer. This book was released on 2015-09-24 with total page 620 pages. Available in PDF, EPUB and Kindle. Book excerpt: Common European Legal Thinking emanates from the existence of a shared European legal culture as especially reflected in the existence of a common European constitutional law. It denotes a body of individual constitutional principles – written and unwritten – that represent the common heritage of the constitutions of the Member States. Taking into account the two major European organisations, the Council of Europe and especially the European Union, the essays of this Festschrift discuss a range of constitutional principles, including the rule of law, democracy, and the exercise of political power in a multilevel system which recognises fundamental rights as directly applicable and supreme law. Other essays examine the value of pluralism, the commitment of private organisations to uphold public values, principles or rules, and the objectives and methods of a transnational science of administrative law. These articles highlight the fact that the Ius Publicum Europaeum Commune is “politically” in the making, which can often be seen in the shape of general legal principles. The publication recognises the role of Albrecht Weber as a forerunner of Common European Legal Thinking.

Precedents and Case-Based Reasoning in the European Court of Justice

Author : Marc Jacob
Publisher : Cambridge University Press
ISBN 13 : 1107045495
Total Pages : 357 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Precedents and Case-Based Reasoning in the European Court of Justice by : Marc Jacob

Download or read book Precedents and Case-Based Reasoning in the European Court of Justice written by Marc Jacob and published by Cambridge University Press. This book was released on 2014-03-20 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: Marc Jacob analyses in depth the most important justificatory and decision-making tool of one of the world's most powerful courts.

Common European Legal Thinking

Author : Hermann-Josef Blanke
Publisher : Springer
ISBN 13 : 9783319192994
Total Pages : 0 pages
Book Rating : 4.1/5 (929 download)

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Book Synopsis Common European Legal Thinking by : Hermann-Josef Blanke

Download or read book Common European Legal Thinking written by Hermann-Josef Blanke and published by Springer. This book was released on 2015-10-03 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Common European Legal Thinking emanates from the existence of a shared European legal culture as especially reflected in the existence of a common European constitutional law. It denotes a body of individual constitutional principles – written and unwritten – that represent the common heritage of the constitutions of the Member States. Taking into account the two major European organisations, the Council of Europe and especially the European Union, the essays of this Festschrift discuss a range of constitutional principles, including the rule of law, democracy, and the exercise of political power in a multilevel system which recognises fundamental rights as directly applicable and supreme law. Other essays examine the value of pluralism, the commitment of private organisations to uphold public values, principles or rules, and the objectives and methods of a transnational science of administrative law. These articles highlight the fact that the Ius Publicum Europaeum Commune is “politically” in the making, which can often be seen in the shape of general legal principles. The publication recognises the role of Albrecht Weber as a forerunner of Common European Legal Thinking.

A Short History of European Law

Author : Tamar Herzog
Publisher : Harvard University Press
ISBN 13 : 0674980344
Total Pages : 297 pages
Book Rating : 4.6/5 (749 download)

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Book Synopsis A Short History of European Law by : Tamar Herzog

Download or read book A Short History of European Law written by Tamar Herzog and published by Harvard University Press. This book was released on 2018-01-08 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Short History of European Law brings to life 2,500 years of legal history, tying current norms to the circumstances of their conception. Tamar Herzog describes how successive legal systems built upon one another, from ancient times through the European Union. Roman law formed the backbone of each configuration, though the way it was used and reshaped varied dramatically from one century and place to the next. Only by considering Continental civil law and English common law together do we see how they drew from and enriched this shared tradition. “A remarkable achievement, sure to become a go-to text for scholars and students alike... A must-read for anyone eager to understand the origins of core legal concepts and institution—like due process and rule of law—that profoundly shape the societies in which we live today.” —Amalia D. Kessler, Stanford University “A fundamental and timely contribution to the understanding of Europe as seen through its legal systems. Herzog masterfully shows the profound unity of legal thinking and practices across the Continent and in England.” —Federico Varese, Oxford University “Required reading for Americanists North and South, and indeed, for all of us inhabiting a postcolonial world deeply marked by the millennia of legal imaginings whose dynamic transformations it so lucidly charts.” —David Nirenberg, University of Chicago

Nordic Law in European Context

Author : Pia Letto-Vanamo
Publisher : Springer
ISBN 13 : 3030030067
Total Pages : 212 pages
Book Rating : 4.0/5 (3 download)

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Book Synopsis Nordic Law in European Context by : Pia Letto-Vanamo

Download or read book Nordic Law in European Context written by Pia Letto-Vanamo and published by Springer. This book was released on 2018-12-12 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nordic law is often referred to as something different from other legal systems. At the same time, it is a common belief that the Nordic countries share more or less the same legal tradition and are very similar in their approach to the law. Considering both of these points of view, the book tells a story of how Nordic law and Nordic legal thinking differ from other legal systems, and how there are many particularities in the law of each of the Nordic countries, making them different from each other. The idea of “Nordic” law also conceals national features. The basic premise of the book is that even if, strictly speaking, there is no such thing as a Nordic common law, it still makes sense to speak of “Nordic” law, and that acquiring a more-than-basic knowledge of this law is interesting not only for comparative lawyers, but also helpful for those working with Nordic lawyers and dealing with questions involving law in the Nordic countries.

The Oxford Handbook of European Union Law

Author : Anthony Arnull
Publisher : Oxford University Press
ISBN 13 : 0191653055
Total Pages : 1092 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis The Oxford Handbook of European Union Law by : Anthony Arnull

Download or read book The Oxford Handbook of European Union Law written by Anthony Arnull and published by Oxford University Press. This book was released on 2015-07-23 with total page 1092 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since its formation the European Union has expanded beyond all expectations, and this expansion seems set to continue as more countries seek accession and the scope of EU law expands, touching more and more aspects of its citizens' lives. The EU has never been stronger and yet it now appears to be reaching a crisis point, beset on all sides by conflict and challenges to its legitimacy. Nationalist sentiment is on the rise and the Eurozone crisis has had a deep and lasting impact. EU law, always controversial, continues to perplex, not least because it remains difficult to analyse. What is the EU? An international organization, or a federation? Should its legal concepts be measured against national standards, or another norm? The Oxford Handbook of European Union Law illuminates the richness and complexity of the debates surrounding the law and policies of the EU. Comprising eight sections, it examines how we are to conceptualize EU law; the architecture of EU law; making and administering EU law; the economic constitution and the citizen; regulation of the market place; economic, monetary, and fiscal union; the Area of Freedom, Security, and Justice; and what lies beyond the regulatory state. Each chapter summarizes, analyses, and reflects on the state of play in a given area, and suggests how it is likely to develop in the foreseeable future. Written by an international team of leading commentators, this Oxford Handbook creates a vivid and provocative tapestry of the key issues shaping the laws of the European Union.

Historical and Philosophical Foundations of European Legal Culture

Author : Dawid Bunikowski
Publisher : Cambridge Scholars Publishing
ISBN 13 : 1443862576
Total Pages : 235 pages
Book Rating : 4.4/5 (438 download)

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Book Synopsis Historical and Philosophical Foundations of European Legal Culture by : Dawid Bunikowski

Download or read book Historical and Philosophical Foundations of European Legal Culture written by Dawid Bunikowski and published by Cambridge Scholars Publishing. This book was released on 2017-01-06 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: This ambitious book examines the historical, theoretical, and axiological foundations of European legal culture, and explores their practical impacts on current European law and legal ways of thinking in Europe. Including considerations about the history of law as well contemporary legal issues, the book consists of seven chapters authored by scholars from across the globe, from Italy to Taiwan. This volume shows that it is possible to speak of one European legal culture in terms of various countries’ common legal origins (Roman law, Greek philosophy, and medieval jurisprudence as the ius commune), while also discussing distinct national legal cultures and traditions in Europe. However, to understand the present day law and legal profession, it is necessary to go back to the values, theories, and thinkers which were influential in the progress of European law from ancient times to the 19th century. The book not only presents the theoretical and historical issues of European legal culture, but also acquaints the audience with the true axiological foundations of our contemporary legal institutions, and the methods of legal thinking in Europe. It is clear that many of our current legal concepts and institutions come from theorists such as Aristotle, Ulpian, Aquinas, Hobbes and Savigny. The book will be of particular interest to scholars and students of legal history, jurisprudence, and European law, especially in the context of the origins of European legal culture. Moreover, it will also appeal to all lawyers working in both the common law and the civil law traditions wishing to gain a greater understanding of European legal heritage.

Principles of European Constitutional Law

Author : Armin von Bogdandy
Publisher : Bloomsbury Publishing
ISBN 13 : 184731550X
Total Pages : 856 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Principles of European Constitutional Law by : Armin von Bogdandy

Download or read book Principles of European Constitutional Law written by Armin von Bogdandy and published by Bloomsbury Publishing. This book was released on 2009-12-03 with total page 856 pages. Available in PDF, EPUB and Kindle. Book excerpt: For the time being, the political project of basing the European Union on a document entitled 'Constitution' has failed. The second, revised and enlarged edition of this volume retains its title nonetheless. Building on a scholarly rather than black-letter law account, it shows European constitutional law as it looks following the Treaty of Lisbon, with the EU's foundational treaties mandating the exercise of public authority, establishing a hierarchy of norms and legitimising legal acts, providing for citizenship, and granting fundamental rights. In this way the treaties shape the relations between legal orders, between public interest regulation and market economy, and between law and politics. The contributions demonstrate in detail how a constitutional approach furthers understanding of the core issues of EU law, how it offers theoretical and doctrinal insights, and how it adds critical perspective. From Reviews of the First Edition: "...should be mandatory reading for anyone who wants to get a holistic perspective of the academic debate on Europe's constitutional foundations...It is impossible to present the richness of thought contained in the 833 pages of the book in a short review." Common Market Law Review "an enduring scholarly work, which gives an English-speaking audience important, and overdue, access to the long-standing and forever-vigorous traditions of (European) constitutional law... unhesitatingly recommend[ed]." European Law Journal "...real scholarship in the profound sense of the word..." K Lenaerts, Professor of European Law, Leuven

Paradoxes of European Legal Integration

Author : Anne Lise Kjær
Publisher : Routledge
ISBN 13 : 1351912887
Total Pages : 558 pages
Book Rating : 4.3/5 (519 download)

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Book Synopsis Paradoxes of European Legal Integration by : Anne Lise Kjær

Download or read book Paradoxes of European Legal Integration written by Anne Lise Kjær and published by Routledge. This book was released on 2016-12-05 with total page 558 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focusing on paradoxes and tensions of European legal integration, this book investigates four complex and inherently contradictory processes - constitutionalization and democratization, institution-building and market-making, cross-cultural communication and European discourse, and cultural exceptionalism and normalization - to offer a new framework for understanding contemporary European integration. The volume features contributions from some of the biggest names in European legal philosophy, to include Neil MacCormick, Yves Dezalay and Bryant Garth, Pierre Legrand, Heikki Mattila and David Nelken. It presents a timely, interdisciplinary approach to an important and topical area and will be of interest to those concerned with the place of socio-legal processes, language and culture in the continuous advancement of the EU project.

Philosophical Foundations of European Union Law

Author : Julie Dickson
Publisher : OUP Oxford
ISBN 13 : 0191652164
Total Pages : 668 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis Philosophical Foundations of European Union Law by : Julie Dickson

Download or read book Philosophical Foundations of European Union Law written by Julie Dickson and published by OUP Oxford. This book was released on 2012-10-11 with total page 668 pages. Available in PDF, EPUB and Kindle. Book excerpt: The supranational law of the European Union represents a uniquely powerful, far-reaching, and controversial instance of the growth of international legal governance, one that has forever altered the political and legal landscape of its Member States. The EU has attracted significant attention from political scientists, economists, and lawyers who have analysed its polity and constructed theoretical models of the integration process. Yet it has been almost entirely neglected by analytic philosophers, and the philosophical tools that have been developed to analyse and evaluate the Union are still in their infancy. This book brings together legal philosophers, political philosophers, and EU legal academics in the service of developing the philosophical analysis of EU law. In a series of original and complementary essays they bring their varied disciplinary expertise and theoretical perspectives to bear on central issues facing the Union and its law. Combining both abstract thought in legal and political philosophy and more tangible theoretical work on specific legal issues, the essays in this volume make a significant contribution to developing work on the philosophical foundations of EU law, and will engender further debate between philosophers, political philosophers, and EU legal academics. They will be of interest to all those engaged in understanding the nature and purpose of this unique legal entity.

European Constitutional Language

Author : András Jakab
Publisher : Cambridge University Press
ISBN 13 : 1107130786
Total Pages : 531 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis European Constitutional Language by : András Jakab

Download or read book European Constitutional Language written by András Jakab and published by Cambridge University Press. This book was released on 2016-04-15 with total page 531 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides a systematic analysis of both the historical development and current interpretation of constitutional law discourse in Europe.

Comparative Legal Reasoning and European Law

Author : Markku Kiikeri
Publisher : Springer Science & Business Media
ISBN 13 : 9401009775
Total Pages : 511 pages
Book Rating : 4.4/5 (1 download)

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Book Synopsis Comparative Legal Reasoning and European Law by : Markku Kiikeri

Download or read book Comparative Legal Reasoning and European Law written by Markku Kiikeri and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 511 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative Legal Reasoning and European Law deals with the use of comparative law in European legal adjudication. It describes the different forms of the use of comparative law in legal reasoning, argumentation and justification in several national legal orders and in European level legal institutions. The book begins with an inquiry into the nature of comparative law as a legal source. After the description of the empirical study it ends to the general theory of European law and several hard cases of European law are examined. The book is intended for students and researchers in European law but it also contains aspects to be taken into account in the practical work in European legal orders and legal institutions by judges and legal practitioners.

The Oxford Handbook of Criminal Law

Author : Markus D Dubber
Publisher : OUP Oxford
ISBN 13 : 0191654604
Total Pages : 1294 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis The Oxford Handbook of Criminal Law by : Markus D Dubber

Download or read book The Oxford Handbook of Criminal Law written by Markus D Dubber and published by OUP Oxford. This book was released on 2014-11-27 with total page 1294 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.

EU Administrative Law

Author : Paul Craig
Publisher : Oxford University Press
ISBN 13 : 0192567454
Total Pages : 994 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis EU Administrative Law by : Paul Craig

Download or read book EU Administrative Law written by Paul Craig and published by Oxford University Press. This book was released on 2018-10-25 with total page 994 pages. Available in PDF, EPUB and Kindle. Book excerpt: The third edition of EU Administrative Law provides comprehensive coverage of the administrative system in the EU and the principles of judicial review that apply in this area. This revised edition provides important updates on each area covered, including new case law; institutional developments; and EU legislation. These changes are located within the framework of broader developments in the EU. The chapters in the first half of the book deal with all the principal variants of the EU administrative regime. Thus there are chapters dealing with the history and taxonomy of the EU administrative regime; direct administration; shared administration; comitology; agencies; social partners; and the open method of coordination. The coverage throughout focuses on the legal regime that governs the particular form of administration and broader issues of accountability, drawing on literature from political science as well as law. The focus in the second part of the book shifts to judicial review. There are detailed chapters covering all principles of judicial review and the discussion of the law throughout is analytical and contextual. It begins with the principles that have informed the development of EU judicial review. This is followed by a chapter dealing with the judicial system and the way in which reform could impact on the subject matter of the book. There are then chapters dealing with competence; access; transparency; process; law, fact and discretion; rights; equality; legitimate expectations; two chapters on proportionality; the precautionary principle; two chapters on remedies; and the Ombudsman.

Legal Certainty in Multilingual EU Law

Author : Elina Paunio
Publisher : Routledge
ISBN 13 : 1317106350
Total Pages : 352 pages
Book Rating : 4.3/5 (171 download)

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Book Synopsis Legal Certainty in Multilingual EU Law by : Elina Paunio

Download or read book Legal Certainty in Multilingual EU Law written by Elina Paunio and published by Routledge. This book was released on 2016-04-22 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: How can multilingualism and legal certainty be reconciled in EU law? Despite the importance of multilingualism for the European project, it has attracted only limited attention from legal scholars. This book provides a valuable contribution to this otherwise neglected area. Whilst firmly situated within the field of EU law, the book also employs theories developed in linguistics and translation studies. More particularly, it explores the uncertainty surrounding the meaning of multilingual EU law and the impact of multilingualism on judicial reasoning at the European Court of Justice. To reconceptualize legal certainty in EU law, the book highlights the importance of transparent judicial reasoning and dialogue between courts and suggests a discursive model for adjudication at the European Court of Justice. Based on both theory and case law analysis, this interdisciplinary study is an important contribution to the field of European legal reasoning and to the study of multilingualism within EU legal scholarship.

European Legal History

Author : Randall Lesaffer
Publisher : Cambridge University Press
ISBN 13 : 0521877989
Total Pages : 561 pages
Book Rating : 4.5/5 (218 download)

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Book Synopsis European Legal History by : Randall Lesaffer

Download or read book European Legal History written by Randall Lesaffer and published by Cambridge University Press. This book was released on 2009-06-25 with total page 561 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.