Law and the Formation of Modern Europe
Cambridge University Press, 7/31/2014
EAN 9781107044050, ISBN10: 1107044057
Hardcover, 384 pages, 23.5 x 15.8 x 2.2 cm
Language: English
Law and the Formation of Modern Europe explores processes of legal construction in both the national and supranational domains, and it provides an overview of the modern European legal order. In its supranational focus, it examines the sociological pressures which have given rise to European public law, the national origins of key transnational legal institutions and the elite motivations driving the formation of European law. In its national focus, it addresses legal questions and problems which have assumed importance in parallel fashion in different national societies, and which have shaped European law more indirectly. Examples of this are the post-1914 transformation of classical private law, the rise of corporatism, the legal response to the post-1945 legacy of authoritarianism, the emergence of human rights law and the growth of judicial review. This two-level sociological approach to European law results in unique insights into the dynamics of national and supranational legal formation.
1. Introduction
law and the formation of modern Europe
perspectives from the historical sociology of law Mikael Rask Madsen and Chris Thornhill
Part I. Legal Institutions and European State Formation
2. Fascism and European state formation
the crisis of constituent power Chris Thornhill
3. The beginnings of constitutional justice in Europe Thomas Olechowski
4. Judicialization in sociohistorical perspective – lessons from the case of France Antoine Vauchez
5. Towards a sociology of intermediary institutions
the role of law in corporatism, neo-corporatism and governance Poul Kjaer
Part II. Law and Europe's Ideological Transformations
6. Private, public and collective
the twentieth century in Italy from fascism to democracy Irene Stolzi
7. Nazism and its legal aftermath
coming to terms with the past after World War II Ditlev Tamm
8. Between socialism and liberalism
law, emancipation and 'solidarność' Jacek Kurczewski
Part III. Law and the Supranational Reinvention of Europe
9. Europe in crisis – an evolutionary genealogy Hauke Brunkhorst
10. International human rights and the transformation of European society
from 'free Europe' to Europe of human rights Mikael Rask Madsen
11. Lawyers and the transformations of the fields of state power
osmosis, hysteresis and aggiornamento Yves Dezalay and Bryant Garth.