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Nationalism and Private Law in Europe

Nationalism and Private Law in Europe

作者： Guido Comparato
出版商： Hart Publishing
ISBN: 9781509907410
出版时间 June 2016
规格： Paperback , 332 pages
适应领域： European Union ? 免责申明：
Countri(es) stated herein are used as reference only

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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.
Guido Comparato is a postdoctoral researcher in the Law Department of the European University Institute.

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