Nationalism and Private Law in Europe

Author: Guido Comparato
Publisher: Bloomsbury Publishing
ISBN: 1782253866
Format: PDF, ePub
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While the internationalisation of society has stimulated the emergence of common legal frameworks to coordinate transnational social relations, private law itself is firmly rooted in national law. European integration processes have altered this state of affairs to a limited degree with a few, albeit groundbreaking, interventions that have tended to engender resistance from various actors within European nation-states. Against that background, this book takes as its point of departure the need to understand the process of legal denationalisation within broader political frameworks. In particular it seeks to make sense of opposition to Europeanisation at this point in the evolution of European law when, despite growing nationalist attitudes, great efforts have been made to produce comprehensive legal instruments to synthesise general contract law - an area that has traditionally been solely within the ambit of nation-states. Combining insights from the disciplines of law, history and political science, the book investigates the conceptual and cultural associations between law and the nation-state, examines the impact of nationalist ideas in modern legal thought and reveals the nationalist underpinnings of some of the arguments employed against and, somewhat paradoxically, even in support of legal Europeanisation. The author's research for this book has been supported by the Hague Institute for the Internationalisation of Law.

The Struggle for European Private Law

Author: Leone Niglia
Publisher: Bloomsbury Publishing
ISBN: 1782253106
Format: PDF, ePub, Mobi
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The European codification project has rapidly gathered pace since the turn of the century. This monograph considers the codification project in light of a series of broader analytical frameworks Â? comparative, historical and constitutional Â? which make modern codification phenomena intelligible. This new reading across fields renders the European codification project (currently being promoted through the Common Frame of Reference and the Optional Sales Law Code proposal) vulnerable to constitutionally-grounded criticism, traceable to normative considerations of private law authority and legitimacy. Arguing that modern codification phenomena are more complex than positivist, socio-legal and historical approaches have suggested over the past two centuries, the book stages a pathbreaking method of analysis of the law-discourse (nomos-centred) which questions at once the reduction of private law to legislation and of law to power and, on this basis, redefines the ways in which to counter law's disintegration and crisis in the context of Europeanisation. Professor Niglia reconstructs the European codification project as a complex structure of government-in-the-making that embodies a set of contingent world views, excludes alternatives, challenges the plurality of private laws and entrenches conflicts that pertain not only to form (codification, de-codification, recodification) but also to dilemmas implicated in determining the substantive orientation of European private law. The book investigates the position of the codifiers and their discontents in the shadow of the codification strategy pursued by the European Commission Â? noting a new turn in the struggle over the configuration of private law which has taken place since the Savigny-Thibaut dispute of 1814 which this book critically revisits exactly two centuries later. This monograph is particularly aimed at readers interested in exploring the complexities, and interconnections, of the supposedly separate realms of comparative law, European law, private law, legal history, constitutional law, sociology of law and, last but not least, legal theory and jurisprudence.

Questioning EU Citizenship

Author: Daniel Thym
Publisher: Bloomsbury Publishing
ISBN: 1509914668
Format: PDF, Docs
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The question of supranational citizenship is one of the more controversial in EU law. It is politically contested, the object of prominent court rulings and the subject of intense academic debates. This important new collection examines this vexed question, paying particular attention to the Court of Justice. Offering analytical readings of the key cases, it also examines those political, social and normative factors which influence the evolution of citizens' rights. This examination is not only timely but essential given the prominence of citizen rights in recent political debates, including in the Brexit referendum. All of these questions will be explored with a special emphasis on the interplay between immigration from third countries and rules on Union citizenship.

Fundamentals of Roman Private Law

Author: George Mousourakis
Publisher: Springer Science & Business Media
ISBN: 3642293115
Format: PDF, ePub, Docs
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Roman law forms a vital part of the intellectual background of many legal systems currently in force in Continental Europe, Latin America, East Asia and other parts of the world. Knowledge of Roman law, therefore, constitutes an essential component of a sound legal education as well as the education of the student of history. This book begins with a historical introduction, which traces the evolution of Roman law from the earliest period of Roman history up to and including Justinian's codification in the sixth century AD. Then follows an exposition of the principal institutions of Roman private law: the body of rules and principles relating to individuals in Roman society and regulating their personal and proprietary relationships. In this part of the book special attention is given to the Roman law of things, which forged the foundations for much of the modern law of property and obligations in European legal systems. Combining a law specialist's informed perspective with a historical and cultural focus, the book provides an accessible source of reference for students and researchers in many diverse fields of legal and historical learning.

The Common Legal Past of Europe 1000 1800

Author: Manlio Bellomo
Publisher: CUA Press
ISBN: 0813208149
Format: PDF
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With a vigor and passion rarely found in a scholarly text, Manlio Bellomo has written a broad history of the western European legal tradition. It is now made available to an English-speaking audience in an elegant and lucid translation from the original Italian.

The Oxford Handbook of the History of Nationalism

Author: John Breuilly
Publisher: OUP Oxford
ISBN: 0191644269
Format: PDF, ePub
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The Oxford Handbook of the History of Nationalism comprises thirty six essays by an international team of leading scholars, providing a global coverage of the history of nationalism in its different aspects - ideas, sentiments, and politics. Every chapter takes the form of an interpretative essay which, by a combination of thematic focus, comparison, and regional perspective, enables the reader to understand nationalism as a distinct and global historical subject. The book covers the emergence of nationalist ideas, sentiments, and cultural movements before the formation of a world of nation-states as well as nationalist politics before and after the era of the nation-state, with chapters covering Europe, the Middle East, North-East Asia, South Asia, Southeast Asia, sub-Saharan Africa, and the Americas. Essays on everday national sentiment and race ideas in fascism are accompanied by chapters on nationalist movements opposed to existing nation-states, nationalism and international relations, and the role of external intervention into nationalist disputes within states. In addition, the book looks at the major challenges to nationalism: international socialism, religion, pan-nationalism, and globalization, before a final section considering how historians have approached the subject of nationalism. Taken separately, the chapters in this Handbook will deepen understanding of nationalism in particular times and places; taken together they will enable the reader to see nationalism as a distinct subject in modern world history.

Surprise Heirs Illegitimacy patrimonial rights and legal nationalism in Luso Brazilian inheritance 1750 1821

Author: Linda Lewin
Publisher:
ISBN: 9780804738811
Format: PDF, Docs
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This book situates the changing patrimonial rights of illegitimate offspring in Brazil within a system of Luso-Brazilian heirship that operated during the final half century of Portuguese colonial rule. Besides offering the first detailed explanation of how the rules of inheritance applied to people born outside wedlock, the book’s focus on illegitimacy and patrimony provides a new perspective for assessing how family formation figured broadly in late colonial Brazil’s social evolution. Innovatively integrating legal history with recent research on the post-1750 history of the family in Brazil, the book reveals the significance of customary marriage and consensual cohabitation, clerical concubinage, concealed paternity, and foundling wheels for Latin American social organization. By reformulating the private law of family and inheritance, Portuguese legal nationalism transformed the juridical meaning of bastardy and anticipated the emergence of the “surprise heir,” who figured so prominently in imperial Brazil’s courtroom dramas and novels.