Structural Transformation of European Private Law : A Critique of Juridical Hermeneutics
by
Leone Niglia
Book Details
Format
Hardback or Cased Book
Book Series
Modern Studies in European Law
ISBN-10
1509925252
ISBN-13
9781509925254
Publisher
Bloomsbury Publishing PLC
Imprint
Hart Publishing
Country of Manufacture
GB
Country of Publication
GB
Publication Date
Jun 1st, 2023
Print length
208 Pages
Weight
472 grams
Dimensions
16.20 x 24.10 x 2.00 cms
Product Classification:
EuropeInternational law
Ksh 18,400.00
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This book provides a ground-breaking reading, both comparative and historical, of the structure and transformation of private law in continental Europe. In doing so it reconstructs a hermeneutical praxis that is (it is argued) at the core of private law: the balancing of conflicting interests and normative considerations. The book makes three key arguments; firstly that ''balancing'' in private law is a not merely an analytical process but instead a form of legal argument. Secondly, in order to truly understand private law, a bottom-up historical analysis must be adopted. Thirdly, ''balancing'' has always been a comparative process within civil law systems and across the civil-common law divide.This is a magisterial survey of European private law, which offers innovative analytical tools that afford a deep understanding of the evolution of the discipline.
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