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Nationalism and Private Law in Europe (Paperback, New as Paperback)
Loot Price: R1,611
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Nationalism and Private Law in Europe (Paperback, New as Paperback)
Series: Modern Studies in European Law
Expected to ship within 10 - 15 working days
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While the internationalisation of society has stimulated the
emergence of common legal frameworks to coordinate transnational
social relations, private law itself is firmly rooted in national
law. European integration processes have altered this state of
affairs to a limited degree with a few, albeit groundbreaking,
interventions that have tended to engender resistance from various
actors within European nation-states. Against that background, this
book takes as its point of departure the need to understand the
process of legal denationalisation within broader political
frameworks. In particular it seeks to make sense of opposition to
Europeanisation at this point in the evolution of European law
when, despite growing nationalist attitudes, great efforts have
been made to produce comprehensive legal instruments to synthesise
general contract law - an area that has traditionally been solely
within the ambit of nation-states. Combining insights from the
disciplines of law, history and political science, the book
investigates the conceptual and cultural associations between law
and the nation-state, examines the impact of nationalist ideas in
modern legal thought and reveals the nationalist underpinnings of
some of the arguments employed against and, somewhat paradoxically,
even in support of legal Europeanisation. The author's research for
this book has been supported by the Hague Institute for the
Internationalisation of Law.
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