This volume,which offers a bridge between comparative law and legal theory, centers upon debates about European legal integration, and, more generally, about the methodology of comparative law. What should be compared? Statutory rules, case law, legal history, law's political, sociological and economical environment, the ideological background of the lawyers, legal techniques, legal traditions, legal cultures, etc.? This question is at the core of many current debates and is discussed in many of the papers contained in this volume. The contributors all attempt to locate law in its context, and adopt a more theoretical and interdisciplinary approach to making comparisons.In taking an interdisciplinary approach many of the contributors look at our current law from the point of view of one non legal discipline, with an eye on at least some other elements of law's context: notably legal history, legal sociology (especially 'legal culture') and linguistics. They also contribute new ideas to various areas of legal theory including legal epistemology, pluralist or monist conceptions of a 'legal system', legal methodology, judicial reasoning, the theory of legal sources, and the analysis of concepts such as 'equality', 'rights', 'legal principles', 'personal rights' and 'personal identity'.

Riche denseignements sur de nombreux points particuliers, le principal mrite de louvrage est damener le lecteur au-del des aspects politiques de lintgrations europene vers une rflexion gnrale sur la definition dun systme juridique et les presupposes conomiques, culturels ou historiques qui le sous-tendent.

Autorentext
Mark Van Hoecke is Professor of Law and Jurisprudence at the Katholieke Universiteit Brussel and co-director of the European Academy of Legal Theory in Brussels. François Ost is Professor of Law at the Facultés Universitaires Saint-Louis. He is Co-director of the European Academy of Legal Theory based at the KUB and FUSL in Brussels.

Inhalt

The Harmonisation of Private Law in Europe: Some Misunderstandings Mark van Hoecke 2. Mistaken Identities: The Integrative Force of Private Law Burkhard Schäfer & Zenon Bankowski 3. English Private Law in the Context of the Codes Geoffrey Samuel 4. The Debate on a European Civil Code: For an Open Texture Anthony Chamboredon 5. European Private Law: A New Software-Package for an Outdated Operating System? Alain Wijffels 6. Studying Judicial Decisions in the Common Law and the Civil Law: A Good Way of Discovering Some of the Most Interesting Similarities and Differences that exist Between these Legal Families Basil Markesinis 7. Monism and Dualism within the European Jurisdictions François Rigaux 8.The Adjudication of Law and the Doctrine of Private Law Fritz Jost 9. Unfair Terms in Consumer Contracts: An Anglo-Italian Comparison Paolisa Nebbia 10. Current Problems of Legal Dogmatics in European Regulation: The Principle of Equality and the Policies of Affirmative Action José García Añón 11. The Kalanke Case and the Marschall Case in the Court of Justice of the European Communities. The Women's Quota and Alexy's Principles Theory María Elósegui 12. The Right to Personal Identity in Italian Private Law: Constitutional Interpretation and Judge-Made Rights Giorgio Pino 13. The Power of Aspiration: The Impact of European Law on a non-EU Country Ireneusz C. Kaminski