Law and the Formation of Modern Europe: Perspectives from the Historical Sociology of Law
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| Anteprima |
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.
