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National Legal Systems and Globalization

New Role, Continuing Relevance

Editors: Larouche, Pierre, Cserne, Péter (Eds.)

  • This book sheds a new light on the fate of national legal systems in an era of globalization, with a more optimistic message than elsewhere in the literature This book was written by a team of experts in comparative law and law and economics, two perspectives which are rarely brought together This book also contains many practical studies, on the Draft Common Frame of Reference, the new civil codes of Central and Eastern Europe, EU electronic communications and energy regulation (both institutional and substantive), impact assessments, as well as the national and European judiciary

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eBook $139.00
price for USA (gross)
  • ISBN 978-90-6704-885-9
  • Digitally watermarked, DRM-free
  • Included format: PDF, EPUB
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  • Immediate eBook download after purchase
Hardcover $179.00
price for USA
  • ISBN 978-90-6704-884-2
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
Softcover $179.00
price for USA
  • ISBN 978-90-6704-980-1
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
About this book

This book presents the results of research project financed by the Hague Institute for the Internationalization of Law (HiiL) and carried out at the Tilburg Law and Economics Center (TILEC) of Tilburg University. The project team shows that globalization, instead of threatening national legal systems, put them in a new role and gives them continuing relevance. First of all, once one takes a more functional view of the law, based on law and economics and comparative law literature, harmonization or unification of national legal systems is no longer a foregone conclusion. Secondly, fundamental constitutional principles continue to bear in the era of multi-level and transnational governance: they become governance principles, divorced from specific institutional settings. Finally, looking beyond regulatory competition and comparative law, legal emulation provides a rich and fruitful model to explain the interplay between legal systems. This book explores these three themes, both at a theoretical level and in the light of specific examples.

About the authors

Pierre Larouche is Professor of competition law, Tilburg University (the Netherlands) and a founding director of the Tilburg Law and Economics Center (TILEC). Péter Cserne is now Senior lecturer in law, University of Hull (United Kingdom) and an extramural fellow of TILEC.

Table of contents (14 chapters)

  • Introduction

    Larouche, Pierre (et al.)

    Pages 1-5

  • Convergence and Divergence, in Law and Economics and Comparative Law

    Chirico, Filomena (et al.)

    Pages 9-33

  • The Draft Common Frame of Reference (DCFR): A Giant with Feet of Clay

    Chirico, Filomena (et al.)

    Pages 35-43

  • The Recodification of Private Law in Central and Eastern Europe

    Cserne, Péter

    Pages 45-88

  • Courts and Expertise: Consequence-Based Arguments in Judicial Reasoning

    Cserne, Péter

    Pages 89-109

Buy this book

eBook $139.00
price for USA (gross)
  • ISBN 978-90-6704-885-9
  • Digitally watermarked, DRM-free
  • Included format: PDF, EPUB
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover $179.00
price for USA
  • ISBN 978-90-6704-884-2
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
Softcover $179.00
price for USA
  • ISBN 978-90-6704-980-1
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
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Bibliographic Information

Bibliographic Information
Book Title
National Legal Systems and Globalization
Book Subtitle
New Role, Continuing Relevance
Editors
  • Pierre Larouche
  • Péter Cserne
Copyright
2013
Publisher
T.M.C. Asser Press
Copyright Holder
T.M.C. ASSER PRESS, The Hague, The Netherlands, and the author(s)
eBook ISBN
978-90-6704-885-9
DOI
10.1007/978-90-6704-885-9
Hardcover ISBN
978-90-6704-884-2
Softcover ISBN
978-90-6704-980-1
Edition Number
1
Number of Pages
X, 390
Topics