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European Law in the Past and the Future


ISBN13: 9780521006484
ISBN: 0521006481
Published: January 2002
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback
Price: £19.99
Hardback edition , ISBN13 9780521809382



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As Europe moves towards economic and political unification, many wonder why legal unification makes so little headway. In this concise but wide-ranging book, R. C. van Caenegem considers the historical reasons behind this legal diversity. He stresses the importance of the adoption on the Continent - but not in England - of the classical law of the Romans, and shows how the rise of the nation states led to a multitude of national codes of law. The impact of politics on legal development is another key factor, and as a graphic example van Caenegem provides a detailed account of how the German past was extolled in Nazi Germany. The book concludes with a consideration of the ongoing debate on the desirability - indeed, on the possibility - of European legal unification and of a federal constitution for a united Europe.

Subjects:
Legal History, EU Law
Contents:
Preface
1. The National Codes: a transient phase
2. Ius commune: the first unification of European law
3. Common law and civil law: neighbours yet strangers
4. The Holy Books of the Law
5. Why did the Ius Commune conquer Europe? 6. Law is politics
Epilogue: a look into the twenty-first century.