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Harmonisation of Family Law in Europe: A Historical Perspective - A Tale of Two Millennia (Paperback)
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Harmonisation of Family Law in Europe: A Historical Perspective - A Tale of Two Millennia (Paperback)
Series: European Family Law, 13
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This book provides an overview of the developments in family law in
Europe during the last two millennia. It aims to examine the
so-called 'cultural constraints argument', which suggests that
family law is unsuitable for harmonisation because the family laws
of the European countries are deeply imbedded in their unique
national cultures and history. It follows the path of the
greatest-ever harmonisation event in European legal history: the
creation of the medieval canon family law, and shows how, under the
impact of pan-European economic, cultural and ideological trends,
medieval uniformity turned into present-day diversity. Everywhere
in Europe the evolution of family law generally followed the same
pattern - from a traditional restrictive family law, built upon
communitarian, transpersonal premises, to a more permissive family
law, based upon modern personalistic ideology - yet national
differences seem not to be disappearing. It appears, however, that
this has little to do with the embedment of family law in unique
national cultures and history. It is the differences in the balance
of political power between the proponents and the opponents of the
ongoing modernisation of family law that make the various countries
respond to the pan-European challenges in dissimilar ways.
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