The Structural Transformation of European Private Law: A Critique of Juridical Hermeneutics

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Leone Niglia (University of Exeter, UK)

The Structural Transformation of European Private Law

A Critique of Juridical Hermeneutics

Leone Niglia (University of Exeter, UK)

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English

Hart Publishing
01 June 2023

Comparative law; International law

Series: Modern Studies in European Law

This book proposes a new analysis of the transformation of Europe through integration, exactly 30 years after the beginning of transformation scholarship. It consists of a reconstruction of the development and present condition of European integration in relation to private ordering.

Looking at the interface between, on the one hand, the EU constitutional order and, on the other hand, private ordering, the book recounts three major structural transformations over the last six decades.

Delving into the private law areas most exposed to the current modernisation wave – consumer law, internal market, lex mercatoria, digitisation, artificial intelligence, data protection, standardised contracts, finance and political economy, and labour – the book critically explores a reconfiguration of Europe’s constitutional structures relative to, and that results from, what to some appears to be an almost irresistible rise of private ordering through a transformed hermeneutics (balancing).

This is a magisterial survey of European law, European private law, and comparative law seen through a pathbreaking comparative methodology labelled ‘juridical comparative hermeneutics’ within civil law systems and across the civil-common law divide, which offers innovative analytical tools that afford a deep understanding of the evolution of the disciplines.

By: Leone Niglia (University of Exeter UK)
Imprint: Hart Publishing
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm, Spine: 25mm
Weight: 454g
ISBN: 9781509925254
ISBN 10: 1509925252
Series: Modern Studies in European Law
Pages: 208
Publication Date: 01 June 2023
Audience: College/higher education , Primary
Format: Hardback
Publisher's Status: Active

Leone Niglia is Professor of Law at the University of Madrid, Spain.