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Vol 22 No 11 Nov/Dec 2017

Book of the Month

Cover of The Law of Contract Damages

The Law of Contract Damages

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European Legal Methodology

Edited by: Karl Riesenhuber

ISBN13: 9781780682594
Published: June 2017
Publisher: Intersentia Publishers
Country of Publication: UK
Format: Hardback
Price: £141.00



Low stock.

EU law is an autonomous legal system. It requires its own methodology, independent of the national traditions of the Member States. The contributions to this volume provide elements of a genuinely European legal method.

They discuss the foundations of European legal methodology in Roman law and in the development of national legal methods in the 19th century as well as the economic and comparative background. Core issues of legal methods such as the sources of law, the interpretation of EU primary law and secondary legislation, the concretisation of general clauses, and judicial development of the law are also analysed.

Furthermore, the temporal effects of EU directives on the one hand and of judgments of the Court of Justice of the European Union raise specific issues of EU law. Contributions are also devoted to issues of a multi-level legal system. Beyond general aspects, directives, in particular, raise special questions: what is their impact on the interpretation of national law; and what are the methodological consequences of a transposition of directives beyond their original scope (‘gold-plating’)?

Further contributions inquire into methodological issues in contract law, employment law, company law, capital market law and competition law. They illustrate the general aspects of European legal methods with a view to specific applications and also reveal specific issues of methods which occur in these areas.

Finally, legal methods from national perspectives of different Member States, namely France, Germany, Italy, Poland, Spain and the United Kingdom, are examined. The authors reveal national traditions of legal methods and national preconceptions and illustrate the application of EU legal methods in different national contexts.

Subjects:
EU Law
Contents:
European Legal Methodology: Introduction and Overview

Part 1. Foundations
Chapter 1. Foundations

Part 2. General Section
Chapter 1. Sources of Law
Chapter 2. EU Primary Law
Chapter 3. EU Secondary Law
Chapter 4. Effects of the National Law of the Member States

Part 3. Special Section
Chapter 1. Methodological Issues in Selected Branches
Chapter 2. Methodological Issues in Case Law
Chapter 3. National Perspectives

Index