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Informationen zum Autor Roger Brownsword is Professor of Law at the University of Sheffield. Hans W. Micklitz is Part-time Professor at the European Union Institute, Florence, Italy. Leone Niglia is Director of the Centre for European Legal Studies and Reader at the School of Law, University of Exeter. Stephen Weatherill is the Jacques Delors Professor of European Law at the University of Oxford and a Fellow of Somerville College. Photo courtesy of Faculty of Law, University of Oxford. Klappentext There remains an urgent need for a deeper discussion of the theoretical, political and federal dimensions of the European codification project. While much valuable work has already been undertaken, the chapters in this volume take as their starting point the proposition that further reflection and critical thought will enhance the quality and efficacy of the on-going work of the various codification bodies. The volume contains chapters by representatives of the Common Frame of Reference, the Study Group and the Acquis Group as well as by those who have not been involved in particular projects but who have previously commented more distantly on their work - for instance those belonging to the Trento Group, and the Social Justice Group. The chapters between them represent the most comprehensive attempt so far to survey the state of the codification project, its theoretical, political and federal foundations and the future prospects for enforcement and compliance. Zusammenfassung The papers in this volume represent the most comprehensive attempt so far to survey the state of the European codification project, its theoretical, political and federal foundations and the future prospects for enforcement and compliance. Inhaltsverzeichnis PART ONE: THEORETICAL FOUNDATIONS 1. Editorial Introduction Roger Brownsword 2. 'Restatements' in Europe and the US: Some Comparative Lessons Hans Schulte-Nölke 3. Dogmatising Non-legislative Codifications: Non-legislative Reference Texts in European Legal Discourse Nils Janse 4. If You Don't Like Our Principles We Have Others: On Core Values and Underlying Principles in European Private Law: A Critical Discussion of the New 'Principles' Section in the Draft Common Frame of Reference Martijn Hesselink 5. The Need for Codified Guiding Principles and Model Rules in European Contract Law Bénédicte Fauvarque-Cosson 6. Old and New Insights for the Protection of Consumers in European Private Law in the Wake of the Global Economic Crisis Brigitta Lurger 7. The Economics of Private Law Harmonised Law-making: Mechanisms, Modes and Standards Fernando Gomez and Juan-José Ganuza 8. Of Islands and the Ocean: The Two Rationalities of European Private Law Ralf Michaels 9. The Theoretical Foundations of European Private Law: A Time to Stand and Stare Roger Brownsword PART TWO: POLITICAL FOUNDATIONS 10. The Political Foundations of European Private Law: Editorial Introduction Leone Niglia 11. A Transnational Genealogy of Proportionality in Private Law Duncan Kennedy 12. Balancing in Private Law and the Imperatives of the Public Interest: National Experiences and (Missed?) European Opportunities Norbert Reich 13. New Paths of Private Law Guido Alpa 14. Political Foundations of European Private Law: Rethinking the East-West Division Lines Marek Safjan and Aneta Wiewiórowska-Domagalska 15. The Impact of the Harmonisation of Private Law on the Reform of Civil Law in the New Member States Paul Varul 16. European Private Law: Political Foundations and Current Challenges Reiner Schulze 17. Of Jurisdictional Balancing in European Private Law Leone Niglia PART THREE: MULTI-LEVEL STRUCTURE OF PRIVATE LAW 18. The Multi-level Structure of Private Law: Editorial Introduction Stephen Weatherill 19. Plurality of Sources in Europea...
