European Ways of Law

Towards a European Sociology of Law

Volkmar Gessner (Redaktør) ; Professor David Nelken (Redaktør)

Can there be such a thing as a European sociology of law? The uncertainties which arise when attempting to answer that straightforward question are the subject of this book, which also overlaps into comparative law, legal history, and legal philosophy. Les mer
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Om boka

Can there be such a thing as a European sociology of law? The uncertainties which arise when attempting to answer that straightforward question are the subject of this book, which also overlaps into comparative law, legal history, and legal philosophy. The richness of approaches reflected in the essays (including comparisons with the US) makes this volume a courageous attempt to show the present state of socio- legal studies in Europe and map directions for its future development. Certainly we already know something about the existence of differences in the use and meaning of law within and between the nation states and groups that make up the European Union. They concern the role of judges and lawyers, the use of courts, patterns of delay, contrasts in penal 'sensibilities', or the meanings of underlying legal and social concepts. Still, similarities in 'legal culture' are at least as remarkable in societies at roughly similar levels of political and economic development. The volume should serve as a needed stimulus to a research agenda aimed at uncovering commonalities and divergences in European ways of approaching the law.

Fakta

Innholdsfortegnelse




























































































































Forewordix




Joxerramon Bengoetxea

Contributorsxiii
Introduction: Studying European Ways of Law1(18)




Volkmar Gessner





David Nelken





Theorising `European' Legal Culture

19(154)




Images of Europe in Sociolegal Traditions

21(20)




Roger Cotterrell





American and European Ways of Law: Six Entrenched Differences

41(30)




Robert A Kagan





La place paradoxale de la culture juridique Americaine dans la mondialisation

71(22)




Antoine Garapon





Globalisation and the Rise of Procedural Informalism in Europe and America

93(48)




Wolf Heydebrand





American and European Forms of Social Theory reflecting Social Practice

141(32)




Richard Munch





Re-constructing Europe

173(104)




`Cold War Law': Legal Entrepreneurs and the Emergence of a European Legal Field (1945--1965)

175(28)




Antonin Cohen





Mikael Rask Madsen





The Transformation of Sub-State Nationalism in Conflicted Societies: the Impact of European Constitutionalism

203(30)




Victoria Jennett





Is There the Spirit of the European Laws? Critical Remarks on the EU Constitution-making, Enlargement and Political Culture

233(22)




Jiri Priban





How to Conceptualise Law in European Union Integration Processes? Perspectives from the Literature and Empirical Research

255(22)




Bettina Lange





European Styles of Legal Regulation

277(98)




EU Ways of Governing the Marketing of Pharmaceuticals---a Shift towards more Integration, Better Consumer Protection and Better Regulation?

279(26)




Barbel Dorbeck-Jung





Mirjan Oude Vrielink-van Heffen





Embedded and Disembedded Rationality: Contributions to Global Governance from European and US American Legal Cultures

305(22)




Gerd Winter





Dutch Legal Culture and Technological Transitions---the Impact of Dutch Government Interventions

327(22)




Helen Stout





Martin de Jong





Early Intervention and the Cultures of Youth Justice: A Comparison of Italy and Wales

349(26)




Stewart Field





David Nelken

Index375

Om forfatteren

Volkmar Gessner is Professor of Sociology of Law and Comparative Law at the Law Faculty and Head of Department at the University of Bremen, Germany. David Nelken is Distinguished Professor of Legal Institutions and Social Change at the University of Macerata, Italy; Distinguished Research Professor of Law, University of Wales, Cardiff and Visiting Professor of Law at the London School of Economics, UK. He has been chosen for the 2009 Sellin- Glueck award in criminology, the highest award given by the American Society of Criminology to scholars from outside the USA. He will be presented with the award - for his 'extraordinary record of scholarship' - at the Society's international conference in Philadelphia in November.