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The continuing headlong increase in cross-border legal issues of
all kinds raises a host of new issues for private law even as it
reconfigures the old issues, both in theory and in practice. In an
effort to identify trends and consolidate what we've learned in
this important area, outstanding legal scholars from nine European
countries (plus Australia) convened at the University of Helsinki
in August 2006. This volume reproduces, in definitive English
texts, twenty-two of the papers presented at that conference.
The issues addressed cluster around four basic questions:
- To what extent does the multiculturalism of the European Union
hamper the development of common private law rules?
- Which rules that are specific for a particular
state/region/culture need to be preserved?
- To what extent can localism be met with variations in the
application of common provisions?
- What problems for the common rules are posed by the fact that
they are to be implemented in a multilingual society?
While overarching concerns such as social justice, harmonization,
culture, and diversity pervade all the essays, such crucial
practical considerations as legal translation and regulation of
advertising are not neglected.
How can multilingualism and legal certainty be reconciled in EU
law? Despite the importance of multilingualism for the European
project, it has attracted only limited attention from legal
scholars. This book provides a valuable contribution to this
otherwise neglected area. Whilst firmly situated within the field
of EU law, the book also employs theories developed in linguistics
and translation studies. More particularly, it explores the
uncertainty surrounding the meaning of multilingual EU law and the
impact of multilingualism on judicial reasoning at the European
Court of Justice. To reconceptualize legal certainty in EU law, the
book highlights the importance of transparent judicial reasoning
and dialogue between courts and suggests a discursive model for
adjudication at the European Court of Justice. Based on both theory
and case law analysis, this interdisciplinary study is an important
contribution to the field of European legal reasoning and to the
study of multilingualism within EU legal scholarship.
How can multilingualism and legal certainty be reconciled in EU
law? Despite the importance of multilingualism for the European
project, it has attracted only limited attention from legal
scholars. This book provides a valuable contribution to this
otherwise neglected area. Whilst firmly situated within the field
of EU law, the book also employs theories developed in linguistics
and translation studies. More particularly, it explores the
uncertainty surrounding the meaning of multilingual EU law and the
impact of multilingualism on judicial reasoning at the European
Court of Justice. To reconceptualize legal certainty in EU law, the
book highlights the importance of transparent judicial reasoning
and dialogue between courts and suggests a discursive model for
adjudication at the European Court of Justice. Based on both theory
and case law analysis, this interdisciplinary study is an important
contribution to the field of European legal reasoning and to the
study of multilingualism within EU legal scholarship.
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