The Struggle Over Law In Europe

Author : ALDO. SANDULLI
Publisher : Routledge
Page : 0 pages
File Size : 40,5 Mb
Release : 2024-04-29
Category : Electronic
ISBN : 1032295457

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The Struggle Over Law in Europe by ALDO. SANDULLI Pdf

This book interrogates the role of law in Europe at a time when economic policies have become dominant not only on this continent but globally. Can law be seen as a mere infrastructure? Or does it contribute to defining the social and legal order through its own inherent rules? If the second hypothesis is true, what might these rules be, and how may they be identified? Lastly, to what extent can agreeing a definition of the role of law affect the future of Europe? With the Next Generation European Union, the EU has introduced an unprecedented investment plan for economic recovery and resilience. In doing so, it has become the most important financial intermediary on the continent. But is this simply the prelude to a European economic and financial revival, or does it also aim to strengthen the European legal order in social, political, and constitutional terms? This book argues that the role of law in Europe should aim to achieve a balanced relationship between freedom and solidarity; encouraging economic competition, but also social cohesion. Analysing the role of law in the project of European integration, it maintains that law should be more than an infrastructure for finance and economics, showing how it can act as a guide and a binding force to achieve a more balanced relationship between economics, politics, and law. This book will be of interest to scholars in the fields of public law, European law, law and economics, the philosophy of law, legal history, political theory, and political science, as well as others concerned with the future of European integration.

Author : Aldo Sandulli
Publisher : Taylor & Francis
Page : 215 pages
File Size : 51,5 Mb
Release : 2024-04-29
Category : Law
ISBN : 9781040022597

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The Struggle over Law in Europe by Aldo Sandulli Pdf

This book examines the role of law in Europe at a time when economic policies have become dominant not only on this continent but globally. Can law be seen as a mere infrastructure? Or does it contribute to defining the social and legal order through its own inherent rules? If the second hypothesis is true, what might these rules be, and how may they be identified? Lastly, to what extent can agreeing a definition of the role of law affect the future of Europe? With the Next Generation European Union, the EU has introduced an unprecedented investment plan for economic recovery and resilience. In doing so, it has become the most important financial intermediary on the continent. But is this simply the prelude to a European economic and financial revival, or does it also aim to strengthen the European legal order in social, political, and constitutional terms? This book argues that the role of law in Europe should be to achieve a balanced relationship between freedom and solidarity; encouraging economic competition, but also social cohesion. Analyzing the role of law in the project of European integration, it maintains that law should be more than an infrastructure for finance and economics, showing how it can act as a guide and a binding force to achieve a more balanced relationship between economics, politics, and law. This book will be of interest to scholars in the fields of public law, European law, law and economics, the philosophy of law, legal history, political theory, and political science, as well as others concerned with the future of European integration.

Author : Leone Niglia
Publisher : Bloomsbury Publishing
Page : 326 pages
File Size : 42,8 Mb
Release : 2015-03-26
Category : Law
ISBN : 9781782253112

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The Struggle for European Private Law by Leone Niglia Pdf

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 – comparative, historical and constitutional – 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 – 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.

Author : Rudolf von Jhering
Publisher : Unknown
Page : 166 pages
File Size : 55,7 Mb
Release : 1879
Category : Law
ISBN : UOM:39015062229995

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The Struggle for Law by Rudolf von Jhering Pdf

Author : Adis Nicolaidis, Kalypso Merdzanovic
Publisher : BoD – Books on Demand
Page : 180 pages
File Size : 46,7 Mb
Release : 2021-04-20
Category : Law
ISBN : 9783838215419

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A Citizen’s Guide to the Rule of Law by Adis Nicolaidis, Kalypso Merdzanovic Pdf

In our daily lives, the rule of law matters more than anything and yet remains an invisible presence. We trust in the rule of law to protect us from governmental overreach, mafia godfathers, or the will of the majority. We take the rule of law for granted, often failing to recognize its demise—until it is too late. For under attack it is, not only in the growing number of authoritarian countries around the world but in Europe, too. As a citizen’s guide, this book explains in plain language what the rule of law is, why it matters, and why we have to defend it. The starting point is to ask why EU efforts to promote the rule of law in candidate countries have succeeded or failed, and what this tells us about what is happening inside the EU. The authors move on to suggest ways of strengthening the rule of law in Europe and beyond. This book is a call to action in defense of the most precious human invention of all time.

Author : George Hamandishe Karekwaivanane
Publisher : Cambridge University Press
Page : 293 pages
File Size : 48,8 Mb
Release : 2017-11-09
Category : History
ISBN : 9781107190207

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The Struggle Over State Power in Zimbabwe by George Hamandishe Karekwaivanane Pdf

This book examines the role of the law in the constitution and contestation of state power in Zimbabwean history. It is for researchers interested in the history of the state in Southern Africa, as well as those interested in African legal history.

Author : Bastiaan van Apeldoorn
Publisher : Routledge
Page : 241 pages
File Size : 43,8 Mb
Release : 2003-08-27
Category : Business & Economics
ISBN : 9781134521616

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Transnational Capitalism and the Struggle over European Integration by Bastiaan van Apeldoorn Pdf

This book presents an analysis of the transnational social forces in the making of a new European socio-economic order that emerged out of the European integration process during the 1980s and 1990s. Arguing that the political economy of European integration must be put within the context of a changing global capitalism, Van Apeldoorn examines how European change is linked to global change and how transnational actors mediate these changes.

Author : Hadeel S. Abu Hussein
Publisher : Routledge
Page : 181 pages
File Size : 44,9 Mb
Release : 2021-11-29
Category : Law
ISBN : 9781000486056

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The Struggle for Land Under Israeli Law by Hadeel S. Abu Hussein Pdf

This book provides a comprehensive examination of land law for Arab Palestinians under Israeli law. Land is one of the core resources of human existence, development and activity. Therefore, it is also a key basis of political power and of social and economic status. Land regimes and planning regulations play a dynamic role in deciding how competing claims over resources will be resolved. According to legal geography, spatial ordering impacts legal regimes; whilst legal rules form social and human space. Through the lenses of international law, colonisation and legal geography, the book examines the land regime in Israel. More specifically, it endeavours to understand the spatial strategies adopted by Israel to organise the entire territorial expanse of the country as Jewish, while also excluding Arab Palestinian citizens of Israel and residents of East Jerusalem from the landscape. The book then details how the systematic nature and processes of marginalisation are mapped out across the civil, political and socio-economic landscape. This monograph will be of interest to international legal theorists, legal geographers, land lawyers and human rights practitioners and students; as well as to international scholars, NGOs and others focusing on the Israeli–Palestinian conflict.

Author : Pieter de Wilde,Ruud Koopmans,Wolfgang Merkel
Publisher : Cambridge University Press
Page : 289 pages
File Size : 52,6 Mb
Release : 2019-07-04
Category : Political Science
ISBN : 9781108483773

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The Struggle Over Borders by Pieter de Wilde,Ruud Koopmans,Wolfgang Merkel Pdf

A comprehensive analysis of how globalization has altered political conflict, giving a fresh perspective on the contemporary rise of populism.

Author : Chantal Mak,Betül Kas
Publisher : Bloomsbury Publishing
Page : 291 pages
File Size : 50,9 Mb
Release : 2023-07-13
Category : Law
ISBN : 9781509941681

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Civil Courts and the European Polity by Chantal Mak,Betül Kas Pdf

The chapters collected in this book explore the place and role of judge-made private law in an emerging European polity. Examining case-law from the perspective of different theories and viewpoints, scholars and judges assess and reflect on the role of judges in civil cases for polity-building in Europe. The chapters thus present a kaleidoscopic view on the dynamics of private law adjudication against a European backdrop. The book aims to add a private legal perspective to existing discourses in European constitutional law on Europe's political constellation. It aspires to enrich two debates – the first on the influence of fundamental rights in private legal relations, and the second on the constitutional dimension of European private law. The contributions are placed within a framework of five sub-categories or dimensions of judge-made European private law: politics of European private law adjudication, rights, remedies, representation and reflections of judges on specific cases.

Author : Maria Weimer,Anniek de Ruijter
Publisher : Bloomsbury Publishing
Page : 296 pages
File Size : 48,8 Mb
Release : 2017-10-05
Category : Law
ISBN : 9781509912667

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Regulating Risks in the European Union by Maria Weimer,Anniek de Ruijter Pdf

A growing body of EU law and regulation is preoccupied with the protection of EU citizens from health and environmental risks. Which chemicals are safe and should be allowed on the market? How should the EU respond to public health emergencies, such as Ebola and other infectious diseases? Regulatory responses to these questions confront deep uncertainty, limited knowledge and societal contestation. In a time where the use of scientific expertise in EU policy-making is particularly contested, this book offers a timely contribution to both the academic and policy debate on the role of specialised expertise in EU public decision-making on risk and technology as well as on its intertwinement with executive power. It draws on insights from law, governance, political sciences, and science and technology studies, bringing together leading scholars in this field. Contributions are drawn together by a shared theoretical perspective, namely by their use of co-production as an analytical lens to study the intricate interplay between techno-scientific expertise and EU executive power. By so doing, this collection produces highly original insights into the development of the EU administrative state, as well as into the role of regulatory science in its construction. This book will be useful to scholars, practitioners, and policy-makers working on risk regulation and the role of expertise in public decision-making.

Author : Leone Niglia
Publisher : Bloomsbury Publishing
Page : 198 pages
File Size : 52,9 Mb
Release : 2015-03-26
Category : Law
ISBN : 9781782253105

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The Struggle for European Private Law by Leone Niglia Pdf

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 – comparative, historical and constitutional – 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 – 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.

Author : Nelly Bekus
Publisher : Central European University Press
Page : 312 pages
File Size : 55,9 Mb
Release : 2010-04-20
Category : Political Science
ISBN : 9786155211843

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Struggle over Identity by Nelly Bekus Pdf

Rejecting the cliché about "weak identity and underdeveloped nationalism," Bekus argues for the co-existence of two parallel concepts of Belarusianness—the official and the alternative one—which mirrors the current state of the Belarusian people more accurately and allows for a different interpretation of the interconnection between the democratization and nationalization of Belarusian society.The book describes how the ethno-symbolic nation of the Belarusian nationalists, based on the cultural capital of the Golden Age of the Belarusian past (17th century) competes with the "nation" institutionalized and reified by the numerous civic rituals and social practices under the auspices of the actual Belarusian state.Comparing the two concepts not only provides understanding of the logic that dominates Belarusian society's self-description models, but also enables us to evaluate the chances of alternative Belarusianness to win this unequal struggle over identity.

Author : Gret Haller
Publisher : Berghahn Books
Page : 188 pages
File Size : 51,6 Mb
Release : 2007-07-15
Category : Political Science
ISBN : 9781845453183

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The Limits of Atlanticism by Gret Haller Pdf

Working as Ombudsperson for Human Rights in the State of Bosnia and Herzegovina in Sarajevo, Gret Haller became aware that the reactions of the United States and Europe are hardly ever the same, be it in Bosnia or in other parts of the world, with the current crisis in the Middle East offering just another example: in international negotiations it is always the United States that refuses to give up sovereignty. While Europeans view sharing as an instrument to guarantee freedom and peace, Washington sees it as a threat to its independence and power. Instead, the U.S. government relies on unsanctioned campaigns against rogue states. The author is not optimistic that the recent shift in the political climate in the U.S. will change this deeply ingrained attitude. In her book, based on in-depth and first-hand experience in the transatlantic political arena, the author concludes that any fresh approach towards addressing these differences will first require an understanding of their roots in history. In Europe, the Peace of Westphalia of 1648 began a development that led to the emergence of a nation-state that ultimately came to be based on shared sovereignty. In the New World, however, the dominance of society over the state marked a break with that European tradition.

Author : Kai Eide
Publisher : Skyhorse Publishing Inc.
Page : 344 pages
File Size : 54,8 Mb
Release : 2012-01-18
Category : History
ISBN : 9781616084646

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Power Struggle Over Afghanistan by Kai Eide Pdf

A political analysis from the former UN special representative to Afghanistan.