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European Ways of Law

Towards a European Sociology of Law

Editor(s): Volkmar Gessner, David Nelken
Media of European Ways of Law
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Published: 23-10-2007
Format: Paperback
Edition: 1st
Extent: 408
ISBN: 9781841137780
Imprint: Hart Publishing
Series: Oñati International Series in Law and Society
Dimensions: 234 x 156 mm
RRP : £36.99
 

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Loren Epson

About European Ways of Law

Can there be such a thing as a European sociology of law? The uncertainties which arise when attempting to answer that straightforward question are the subject of this book, which also overlaps into comparative law, legal history, and legal philosophy. The richness of approaches reflected in the essays (including comparisons with the US) makes this volume a courageous attempt to show the present state of socio- legal studies in Europe and map directions for its future development. Certainly we already know something about the existence of differences in the use and meaning of law within and between the nation states and groups that make up the European Union. They concern the role of judges and lawyers, the use of courts, patterns of delay, contrasts in penal 'sensibilities', or the meanings of underlying legal and social concepts. Still, similarities in 'legal culture' are at least as remarkable in societies at roughly similar levels of political and economic development. The volume should serve as a needed stimulus to a research agenda aimed at uncovering commonalities and divergences in European ways of approaching the law.

Table Of Contents

Introduction: Studying European Ways of Law
Volkmar Gessner, David Nelken

A - Theorising 'European' Legal Culture

1. Images of Europe in Sociolegal Traditions
Roger Cotterrell

2. American and European Ways of Law: Six Entrenched Differences
Robert A Kagan

3. La place paradoxale de la culture juridique Americaine dans la mondialisation
Antoine Garapon

4. Globalisation and the Rise of Procedural Informalism in Europe and America
Wolf Heydebrand

5. American and European Forms of Social Theory reflecting Social Practice
Richard Münch

B - Re-constructing Europe

6. 'Cold War Law': Legal Entrepreneurs and the Emergence of a European Legal Field (1945–1965)
Antonin Cohen and Mikael Rask Madsen

7. The Transformation of Sub-State Nationalism in Conflicted Societies: the Impact of European Constitutionalism
Victoria Jennett

8. Is There the Spirit of the European Laws? Critical Remarks on the EU Constitution-making, Enlargement and Political Culture
Jirí Pribán

9. How to Conceptualise Law in European Union Integration Processes? Perspectives from the Literature and Empirical Research
Bettina Lange

C - European Styles of Legal Regulation

10. EU Ways of Governing the Marketing of Pharmaceuticals-a Shift towards more Integration, Better Consumer Protection and Better Regulation?
Bärbel Dorbeck-Jung and Mirjan Oude Vrielink-van Heffen

11. Embedded and Disembedded Rationality: Contributions to Global Governance from European and US American Legal Cultures
Gerd Winter

12. Dutch Legal Culture and Technological Transitions-the Impact of Dutch Government Interventions
Helen Stout and Martin de Jong

13. Early Intervention and the Cultures of Youth Justice: A Comparison of Italy and Wales
Stewart Field and David Nelken

Reviews

“...the first of its kind in trying to assess if there is a distinctive European way of dealing with law and society, and their answer is definitely in the affirmative...a very courageous attempt to tackle many issues and will definitely generate further debate and new research. For this reason only, the volume should be of great interest to the many sociologists of law in Europe, and to the many more interested in this discipline. At the same time its value extends far beyond these two groups, as this volume should be of equal importance to sociologists of law in other parts of the world interested in learning about the European approach in its various dimensions.” –  Stephan Parmentier, Law & Society Review, Vol. 42, No. 4.

“A very comprehensive source of nuanced information and ideas on the sociology of European law.” –  European Library, No. 9604/766

“The contributions to this collection provide food for thought.
This collection and its individual chapters will no doubt be cited by those seeking to get to grips with European ways of law, its problems, its potential and likely future direction for years to come.
” –  Mark Flear, European Law Review, Volume 35

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