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Vol 23 No 6 June/July 2018

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Cover of Drafting Commercial Agreements

Drafting Commercial Agreements

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Data protection handbook

Towards a Truly Common Law: Europe as a Laboratory for Legal Pluralism

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Mireille Delmas-MartyUniversite de Paris I

ISBN13: 9780521812313
ISBN: 0521812313
Published: May 2003
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: Price on Application
Paperback edition , ISBN13 9780521036160

As we move towards a more global legal community, often with accompanying injustice and violence, Mireille Delmas-Marty demonstrates that there is an urgent need to reconstruct the national and international legal landscapes. Legal reasoning can be applied to concepts such as human rights for European citizens in the new world order.

In this book the author argues for a rule of law that is common in every sense of the word: accessible to all rather than reserved exclusively for officials, common to the various legal sectors despite increasing specialisation, and common to diverse States. The book will be of interest to all comparative European lawyers, and to social scientists and legal theorists grappling with contemporary issues in legal pluralism and globalisation.

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Part I. Reconstructing the Landscape: 1. Disappearing landmarks
2. Emerging sources
3. Redrawing the lines
Part II. Building on Multiplicity: 1. Prescribe: from precise rules to vague notions
2. Interpret: from classical logic to 'new' logics
3. Legitimate: from general legal principles to a 'law of human rights'
Part III. Reinventing Common Law: 1. The challenge of specialist societies
2. The European laboratory
3. The planetary stakes.