Transnational Law: Rethinking European Law and Legal Thinking

Cambridge University Press, 5/1/2014
EAN 9781107028319, ISBN10: 1107028310

Hardcover, 412 pages, 23.4 x 15.5 x 2.5 cm
Language: English

In this era of globalisation, different legal systems and structures no longer operate within their own jurisdictions. The effects of decisions, policies and political developments are having an increasingly wide-reaching impact. Nowhere is this more keenly felt than in the sphere of European Union law. This collection of essays contributes to the co-operative search for interpretative and normative grids needed in charting the contemporary legal landscape. Written by leading lawyers and legal philosophers, they examine the effects of law's de-nationalisation by placing European law in the context of transnational law and demonstrate how it forces us to rethink our basic legal concepts and propose an approach to transnational law beyond the dichotomy of national and international law.

Introduction Kaarlo Tuori and Suvi Sankari
1. Transnational law
on legal hybrids and legal perspectivism Kaarlo Tuori
Part I. Law Beyond the State(s)
2. Transnational legal thought
Plato, Europe and beyond H. Patrick Glenn
3. Beyond the archetypes of modern legal thought
appraising old and new forms of interaction between legal orders Enzo Cannizzaro and Beatrice I. Bonafè
4. The cosmopolitan constitution Alexander Somek
5. On liberalism and legal pluralism Ralf Michaels
Part II. European Law
6. Rethinking EU law in the light of pluralism and practical reason Joxerramon Bengoetxea
7. European human rights pluralism
notion and justification Samantha Besson
8. Rethinking justice for the EU Sionaidh Douglas-Scott
9. Legitimacy without democracy in the EU? Perspectives on the constitutionalisation of Europe through law Christian Joerges
Part III. The Law's Divisions
10. Rethinking the public/private divide Hans Micklitz
11. Private law in a post-national society
from ex post to ex ante governance Jan Smits
12. Transnational public law in Europe
beyond the lex alius loci Giacinto della Cananea
13. The law of the Internet between globalisation and localisation Oreste Pollicino and Marco Bassini
14. Epilogue Neil Walker.