European Legal Method
- Paradoxes and Revitalisationaf Ruth Nielsen, Ulla Neergaard
This book brings together essays by leading legal scholars from a number of European countries on European legal method(s). The concept is used in a broad and open sense as it is subject to development. Both in Europe and in North America there is, and has for some years been, a seemingly renewed debate on methodology in legal research.This collection of essays is a a part of a research project named Towards a European Legal Method: Synthesis or Fragmentation?' funded by the Danish Social Science ResearchCouncil for the years 2010-2012. The project examines the extent to which it is possible to identify a coherent legal method (doctrine of the sources of law and their interpretation) that may be applied when analysing EU law and the law of EU Member States within the scope of application of EU law. IntroductionUlla Neergaard, Ruth Nielsen and Lynn RoseberryPart I. General PerspectivesRevitalising Doctrinal Legal Research in Europe: What AboutMethodology?Rob van Gestel and Hans-W. MicklitzThe Importance of the Instruments Provided for in the Treaties forDeveloping a European Legal MethodWulf-Henning RothWhere Did the Spirit and Its Friends Go? On the European LegalMethod(s) and the Interpretational Style of the Court of Justice ofthe European UnionUlla Neergaard and Ruth NielsenA Toolbox for European Judges Martijn W. HesselinkMethodology and Theoretical Disagreement /Dennis PattersonPart II. Comparative PerspectiveEuropean Legal Method from a Swedish Perspective Rights,Compensation and the Role of the CourtsJane ReichelEU-Compatible Interpretation of the National Law with someConstitutional Reservations Case of the Czech Republic Kristina KoldinskáEuropean Legal Method from a French Perspective. The Magic ofCombination: Uses and Abuses of the Globalisation of Sources byEuropean CourtsSophie Robin-OlivierJudicial Method of English Courts And Tribunals in EU LawCases: A Case Study in Employment Law Tamara Hervey and Natalie SheldonThe Authors/Editors
- 29. April 2011
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