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E-grāmata: European Ways of Law: Towards a European Sociology of Law [Hart e-books]

Edited by (King's College London, UK), Edited by
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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 collection, which also overlaps into comparative law, legal history, and legal philosophy. The richness of approaches reflected in the essays - including comparisons with the US - 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.

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.
Foreword ix
Joxerramon Bengoetxea Contributors xiii
Introduction: Studying European Ways of Law 1(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 Pharmceuticals---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
Index 375
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.