Free Movement of Legal Ideas

Towards a Dynamic Europeanisation of Private Law

Thomas Wilhelmsson (University of Helsinki, Finland)

$180

Hardback

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English

Hart Publishing
11 July 2024

Civil codes & Civil law; Comparative law; Private & Civil law: general works

Series: The Future of Private Law

This seminal book develops a new perspective on the debate concerning the Europeanisation of private law.

The theory is both realistic, building on existing experience, and normative as it focuses on the future. It outlines ‘good’ Europeanisation in which legal sources can be used across borders; hence the free movement of legal ideas. At its core, is the analysis of the legal consequences of growing societal uncertainty and increasing use of micro-politics, leading to a situation where the law develops through small narratives rather than according to a coherent master plan. The inevitable rule of law concerns around such a development, have to be addressed by transparent legal reasoning.

The author masterfully illustrates how this can be achieved in decision-making across Europe, drawing on arguments which are both substantive and authoritative in nature. He shows how all legal actors, including decision-makers and scholars, are morally responsible for the choices made.

This is a fascinating intervention in the field of European private law by one of its leading authorities.

By: Thomas Wilhelmsson (University of Helsinki Finland)
Imprint: Hart Publishing
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm,
ISBN: 9781509977253
ISBN 10: 1509977252
Series: The Future of Private Law
Pages: 312
Publication Date: 11 July 2024
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active

Thomas Wilhelmsson is Professor of Civil and Commercial Law at the University of Helsinki, Finland.