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Pluralism and European Private Law

Editor(s): Leone Niglia
Media of Pluralism and European Private Law
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Published: 29-01-2013
Format: Hardback
Edition: 1st
Extent: 294
ISBN: 9781849463379
Imprint: Hart Publishing
Dimensions: 234 x 156 mm
RRP: £65.00
Online price : £58.50
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Loren Epson

About Pluralism and European Private Law

European private law has hitherto tended to be conceptualised firmly around ideas of unity and harmony. Yet the discourse within other areas of European law, notably constitutional law scholarship, visibly adopts pluralist perspectives. This book seeks to bridge the gap between 'public' and 'private' law by looking at European private law from various pluralist positions and by investigating old and new ways in which to understand legal pluralism in general. It fills a gap in the wide literature on legal pluralism, as the first book entirely dedicated to offering an insight into legal pluralism from the vantage point of the private law domain. The book addresses critically issues such as what pluralism really means in private law and what conceptions of pluralism it embodies, including discussion about the outer boundaries of any of the pluralist understandings. Contributions address comparative, critical, historical, theoretical and normative aspects. The book provides an opportunity to engage innovatively with problematic conceptual issues which inform the work of European private law scholars, including the debate on the Common Frame of Reference Poject of the European Commision.

Table Of Contents

Prologue – Of Pluralism and European Private Law Leone Niglia
PART ONE THE NEW PARADIGM: PLURALISM BETWEEN PRIVATE LAW AND CONSTITUTIONALISM
Overview of Part One – The New Paradigm: Pluralism Between Private Law and Constitutionalism
Leone Niglia
1 The Double Life of Pluralism in Europe
Leone Niglia
2 Monistic Ideology versus Pluralistic Reality – Towards a Normative Design for European Private Law
Hans-W Micklitz
3 The Poverty of Global Constitutionalism
Massimo La Torre
PART TWO COMPARATIVE AND HISTORICAL PERSPECTIVES
Overview of Part Two – Comparative and Historical Perspectives
Leone Niglia
4 Pluralism and Private Law in the Union
Norbert Reich
5 European Contract Law Through and Beyond Pluralism – the Case of an Optional Instrument
Bénédicte Fauvarque-Cosson
6 Legal Pluralism in Europe: National Laws, European Legislation, and Non-legislative Codifications
Nils Jansen
PART THREE THEORETICAL PERSPECTIVES
Overview of Part Three – Theoretical Perspectives
Leone Niglia
7 Why We Have No Theory of European Private Law Pluralism
Ralf Michaels
8 A Radical View of Legal Pluralism
Jan Smits
9 A Radical View of Pluralism? Comments on Jan Smits
Brigitta Lurger
10 The Economics of Harmonising Private Law Through Optional Rules
Fernando Gomez and Juan Jose Ganuza
11 How Many Systems of Private Law are there in Europe?
Martijn W Hesselink
12 Pluralism in a New Key – Between Plurality and Normativity
Leone Niglia
Epilogue – Of European Private Law and Pluralism
Leone Niglia

Reviews

“...essential reading for those interested in the subject of the Europeanisation of private law.” –  Pierre Bouvier, Agence Europe's Daily Bulletin No 10853

“In the prologue to the collection of essays, Niglia explains the book's aim to propose “reflection on a path towards awareness and action”. This approach calls to mind Mangabeira Unger's agenda for “legal analysis as institutional imagination”, which promotes a method of mapping developments in law, combined with a process of criticism aimed at redefining societal ideals and imagining institutional structures for their fulfilment. In a similar vein, Niglia seeks to raise awareness of the plural condition of European private law, understood as the coexistence of territorial (domestic) private law orders with post-territorial, functional orders (European and global).
Collections of essays usually run a certain risk of conveying disunity rather than a harmonized picture of the theme to which they relate; different perspectives and styles of authors might confuse a reader as to what the overall message of the book is. A work on pluralism may even be more vulnerable to such defects than books on more clearly or uniformly defined themes. By adding a prologue and epilogue, as well as insightful introductory overviews to the three parts of the work, however, Niglia shapes the context within which the individual chapters may be read and understood. He emphasizes the plurality of different conceptions of European private law pluralism, lists the different visions on conflict resolution (or settlement, or accommodation) provided by various authors, indicates how the language of pluralism may serve to facilitate a discourse among disciplines, and stresses the important normative questions posed by legal pluralism in the field of European private law. Although this grammar of pluralism is undoubtedly influenced by the editor's views on the general theme, it serves well to provide a common language within which to redefine and discuss developments in European private law and engage with the variety of views held by different authors in the field.
” –  Chantal Mak, Common Market Law Review, Volume 51, Issue 2

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