European Law in the Past and the Future Unity and Diversity over Two Millennia [Paperback]

R. C. van Caenegem considers the historical reasons behind European legal diversity.As Europe moves towards economic and political unification, many wonder why legal unification occurs so slowly. R. C. Van Caenegem considers the historical reasons behind this diversity, stressing the adoption of the classical law of the Romans and the influence of the rise of the nation states. The impact of politics on legal development is another key factor: a detailed account of how the German past was extolled in Nazi Germany is given. The book concludes with a consideration of the ongoing debate on the desirability of European legal unification.As Europe moves towards economic and political unification, many wonder why legal unification occurs so slowly. R. C. Van Caenegem considers the historical reasons behind this diversity, stressing the adoption of the classical law of the Romans and the influence of the rise of the nation states. The impact of politics on legal development is another key factor: a detailed account of how the German past was extolled in Nazi Germany is given. The book concludes with a consideration of the ongoing debate on the desirability of European legal unification.As Europe moves towards economic and political unification, many wonder why legal unification occurs so slowly. R.C. Van Caenegem considers the historical reasons behind this diversity, stressing the adoption of the classical law of the Romans and the influence of the rise of the nation states. The impact of politics on legal development is another key factor. The book concludes with a consideration of the ongoing debate on the desirability of European legal unification.Preface; 1. The national codes: a transient phase; 2. Ius commune: the first unification of European law; 3. Common law and civil law: neighbours yet strangers; 4. The holy books of the law; 5. Why did the ius commune conquer Europe?; 6. Law is politics; Epilogue: a look into the twenty-first century; Bibliography; Index. ...l³½