Transnational law : rethinking European law and legal thinking / edited by Miguel Maduro, Kaarlo Tuori and Suvi Sankari.
2014
KJE935 2014 (Map It)
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Details
Title
Transnational law : rethinking European law and legal thinking / edited by Miguel Maduro, Kaarlo Tuori and Suvi Sankari.
Published
Cambridge, United Kingdom ; New York : Cambridge University Press, 2014.
Call Number
KJE935 2014
ISBN
9781107028319 (hardback)
1107028310 (hardback)
1107028310 (hardback)
Description
viii, 402 pages ; 24 cm
System Control No.
(OCoLC)868037849
Summary
"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"-- Provided by publisher.
"In this era of globalisation, different legal systems and structures no longer operate within their own jurisdictions. 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 denationalisation by placing European law in the context of transnational law, 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"-- Provided by publisher.
"In this era of globalisation, different legal systems and structures no longer operate within their own jurisdictions. 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 denationalisation by placing European law in the context of transnational law, 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"-- Provided by publisher.
Note
"This volume presents a collection of contributions originally prepared for events convened by the Centre of Excellence in the Foundations of European Law and Polity" -- Introduction.
Bibliography, etc. Note
Includes bibliographical references and index.
Record Appears in
Table of Contents
Notes on contributors
vii
Introduction / Suvi Sankari
1
1.
Transnational law: on legal hybrids and legal perspectivism / Kaarlo Tuori
11
pt. I
Law Beyond the State(s)
59
2.
Transnational legal thought: Plato, Europe and beyond / H. Patrick Glenn
61
3.
Beyond the archetypes of modern legal thought: appraising old and new forms of interaction between legal orders / Beatrice I. Bonafe
78
4.
The cosmopolitan constitution / Alexander Somek
97
5.
On liberalism and legal pluralism / Ralf Michaels
122
pt. II
European Law
143
6.
Rethinking EU law in the light of pluralism and practical reason / Joxerramon Bengoetxea
145
7.
European human rights pluralism: notion and justification / Samantha Besson
170
8.
Rethinking justice for the EU / Sionaidh Douglas-Scott
206
9.
Legitimacy without democracy in the EU?: perspectives on the constitutionalisation of Europe through law / Christian Joerges
248
pt. III
The Law's Divisions
269
10.
Rethinking the public/private divide / Hans-W. Micklitz
271
11.
Private law in a post-national society: from ex post to ex ante governance / Jan M. Smits
307
12.
Transnational public law in Europe: beyond the lex alius loci / Giacinto Della Cananea
321
13.
The law of the Internet between globalisation and localisation / Marco Bassini
346
Epilogue: rethinking aloud / Neil Walker
381
Index
389