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Comparative Legal Reasoning and European Law deals with the use of comparative law in European legal adjudication. It describes the different forms of the use of comparative law in legal reasoning, argumentation and justification in several national legal orders and in European level legal institutions. The book begins with an inquiry into the nature of comparative law as a legal source. After the description of the empirical study it ends to the general theory of European law and several hard cases of European law are examined.
The book is intended for students and researchers in European law but it also contains aspects to be taken into account in the practical work in European legal orders and legal institutions by judges and legal practitioners.
Table des matières
1: Introduction.- 1.General Remarks.- 2.Comparative Law in the Context of European Law.- 3.The Relevance of the Study.- 2: Some Historical and Theoretical Observations.- 1.Preliminary Remarks: The Rhetorical Nature of the Comparative Legal Argument.- 2. Some History.- 3. To the Idea of Comparative Legal Reasoning.- 4. General Conclusions.- 3: Comparative Law in European Legal Adjudication.- 1. Introduction.- 2. Comparative Law in the European Level Case Law.- 3. "Hard Cases" and the Comparative Limits of European Law.- 4: Conclusions.- 1. Comparative European Law and European Comparative Law.- 2. Conclusions on European Law.- Epilogue.- 1. Contemporary Comparative Law.- 2. What Kind of Institutional Justification is Comparative Legal Justification?.- Literature.- Interviews.
Résumé
Comparative Legal Reasoning and European Law deals with the use of comparative law in European legal adjudication. It describes the different forms of the use of comparative law in legal reasoning, argumentation and justification in several national legal orders and in European level legal institutions. The book begins with an inquiry into the nature of comparative law as a legal source. After the description of the empirical study it ends to the general theory of European law and several hard cases of European law are examined.
The book is intended for students and researchers in European law but it also contains aspects to be taken into account in the practical work in European legal orders and legal institutions by judges and legal practitioners.
