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Vol 21 No 10 Oct/Nov 2016

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Criminal Injuries Compensation Claims

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The Struggle for European Private Law: A Critique of Codification


ISBN13: 9781849462600
Published: January 2015
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £48.00
Paperback edition not yet published, ISBN13 9781509913824



Despatched in 6 to 8 days.

Also available as
£37.49
+ £7.50 VAT

The European codification project has gathered pace rapidly in recent times. This new book considers the codification project in light of a series of broader analytical frameworks - comparative, historical and constitutional - which make modern codification intelligible.

This new reading renders the European codification project (currently being promoted through the common frame of reference and the optional sales law code proposal) vulnerable to constitutionally grounded criticism, traceable to normative considerations of private law authority and legitimacy.

Leone Niglia reconstructs the European codification project as a complex structure of government-in-the-making that embodies a set of contingent worldviews, excludes alternatives, challenges the plurality of private laws and entrenches conflicts that pertain not only to form (codification, de-codification, recodification) but also to dilemmas implicated in determining the substantive orientation of European private law.

The book investigates the position of the codifiers and their discontents in the shadow of the codification strategy pursued by the European Commission - noting a new turn in the struggle over the configuration of private law that has taken place since the age of codification.

Subjects:
EU Law
Contents:
1. Code
I . Advent of the European Code Project (1989 to Today)
II . Portraying the European Code Project
III . Genealogy of the European Code-Text: Of Continuity and Discontinuity in European Legal Thought from Lando's Principles to the DCFR
IV . F unction of the European Code-Text. The Return of Code-based Universalisation and Disciplining
V . On the Need to Explore the Codification Phenomenon from the Perspective of the Wider Range of Jurisprudential Forces

2. Jurisprudence
I . Introduction
II . Development of a Pluralist Private Law out of Classical Jurisprudence
III . Pluralism Beyond the State: The Development of a European Private Law Jurisprudence out of Domestic Structures

3. Code vs Jurisprudence
I . Regimenting the Living Jurisprudence qua Europe's Constitutional Pluralism
II . Synthesis of the Constitutional Critique

4. Jurisprudence vs Jurisprudence
I . Introduction: The View from Jurisprudence
II . Conclusion Epilogue
I . Of Codification and Critique
II . Of Codification and its Poverty

Series: Modern Studies in European Law

Media Law and Market Regulation in the European Union ISBN 9781849460316
To be published November 2018
Hart Publishing
£40.00
The Principles of Corporate Sentencing in EU Law ISBN 9781849466509
To be published June 2018
Hart Publishing
£80.00
The Europeanisation of Remedies and Procedures through Judge-Made Law ISBN 9781849462495
To be published June 2017
Hart Publishing
£90.00
The Fundamental Rights of Companies ISBN 9781841136899
To be published May 2017
Hart Publishing
£63.00
Human Rights Between Law and Politics: The Margin of Appreciation in Post-National Contexts
Edited by: Petr Agha
ISBN 9781849468657
To be published April 2017
Hart Publishing
£60.00
EU Liability and International Economic Law ISBN 9781509901593
To be published March 2017
Hart Publishing
£60.00
The Struggle for European Private Law: A Critique of Codification ISBN 9781509913824
To be published December 2016
Hart Publishing
£23.99
£31.99
European Court of Justice and External Relations: Constitutional Challenges ISBN 9781509909902
Published July 2016
Hart Publishing
£24.99
£31.99
The Pluralist Character of the European Economic Constitution (eBook) ISBN 9781509901098
Published June 2016
Hart Publishing
£49.99 + £10.00 VAT
(ePub)
Buy
The Pluralist Character of the European Economic Constitution ISBN 9781849467698
Published June 2016
Hart Publishing
£60.00
Nationalism and Private Law in Europe ISBN 9781509907410
Published June 2016
Hart Publishing
£30.00
European Law on Unfair Commercial Practices and Contract Law (eBook) ISBN 9781782258131
Published May 2016
Hart Publishing
£45.82 + £9.17 VAT
(ePub)
Buy
European Law on Unfair Commercial Practices and Contract Law ISBN 9781782258117
Published May 2016
Hart Publishing
£55.00
Equal Citizenship and its Limits in EU Law: We the Burden? (eBook) ISBN 9781782258162
Published February 2016
Hart Publishing
£45.82 + £9.17 VAT
(ePub)
Buy
Equal Citizenship and its Limits in EU Law: We the Burden? ISBN 9781782258155
Published February 2016
Hart Publishing
£55.00
Uniformity of Customs Administration in the European Union ISBN 9781782256724
Published November 2015
Hart Publishing
£55.00
Uniformity of Customs Administration in the European Union (eBook) ISBN 9781782256731
Published November 2015
Hart Publishing
£45.82 + £9.17 VAT
(ePub)
Buy
Fundamental Rights and EU Internal Market Legislation (eBook) ISBN 9781782258971
Published November 2015
Hart Publishing
£49.99 + £10.00 VAT
(ePub)
Buy
Fundamental Rights and EU Internal Market Legislation ISBN 9781849467117
Published November 2015
Hart Publishing
£60.00
Nudge and the Law: A European Perspective (eBook) ISBN 9781782259480
Published September 2015
Hart Publishing
£41.66 + £8.33 VAT
(ePub)
Buy
The European Union in International Organisations and Global Governance (eBook) ISBN 9781782259435
Published September 2015
Hart Publishing
£54.16 + £10.83 VAT
(ePub)
Buy
Nudge and the Law: A European Perspective ISBN 9781849467322
Published September 2015
Hart Publishing
£50.00
The European Union in International Organisations and Global Governance ISBN 9781849467001
Published September 2015
Hart Publishing
£68.00
EU Counter-Terrorism: Pre-Emption and the Rule of Law ISBN 9781849468732
Published September 2015
Hart Publishing
£23.99
The Struggle for European Private Law: A Critique of Codification (eBook) ISBN 9781782253112
Published January 2015
Hart Publishing
£37.49 + £7.50 VAT
(ePub)
Buy
European Court of Justice and External Relations: Constitutional Challenges ISBN 9781849465045
Published September 2014
Hart Publishing
£50.00
European Court of Justice and External Relations: Constitutional Challenges (eBook) ISBN 9781849468329
Published September 2014
Hart Publishing
£20.82 + £4.17 VAT
(ePub)
Buy
£65.00
£26.66 + £5.33 VAT
(ePub)
Buy
£26.66 + £5.33 VAT
(ePub)
Buy
£65.00
EU Environmental Law, Governance and Decision-making 2nd ed ISBN 9781849464215
Published April 2014
Hart Publishing
£25.00
EU Environmental Law, Governance and Decision-making 2nd ed (eBook) ISBN 9781782254089
Published April 2014
Hart Publishing
£20.82 + £4.17 VAT
(ePub)
Buy
£41.66 + £8.33 VAT
(ePub)
Buy
Services and the EU Citizen ISBN 9781849464260
Published April 2013
Hart Publishing
£55.00
Services and the EU Citizen (eBook) ISBN 9781782250968
Published April 2013
Hart Publishing
£45.82 + £9.17 VAT
(ePub)
Buy
£49.99 + £10.00 VAT
(ePub)
Buy
Empowerment and Disempowerment of the European Citizen ISBN 9781849462358
Published November 2012
Hart Publishing
£60.00
Federalism in the European Union (eBook) ISBN 9781847319982
Published September 2012
Hart Publishing
£62.49 + £12.50 VAT
(ePub)
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Federalism in the European Union ISBN 9781849462426
Published September 2012
Hart Publishing
£75.00
EU Counter-Terrorism: Pre-Emption and the Rule of Law (eBook) ISBN 9781847319609
Published June 2012
Hart Publishing
£19.99 + £4.00 VAT
(ePub)
Buy
EU Counter-Terrorism: Pre-Emption and the Rule of Law ISBN 9781849461351
Published June 2012
Hart Publishing
£60.00
Publication Abandoned