- The new European legal culture: ten years on
- Number of pages
- Rochester, NY: Social Science Electronic Publishing
- Document type
- Working paper
- Faculty of Law (FdR)
- Centre for the Study of European Contract Law (CSECL)
New postscript to:
Hesselink, M.W. & Wei, L. (2010). --- Xin de ouzhou falü wenhua. --- Beijing: Zhongguo falü chubanshe.
This is the Chinese translation of:
Hesselink, M.W. (2001). --- The new European legal culture. --- Deventer : Kluwer.
That essay argued that Europe was facing a shift from a rather formal, dogmatic and positivistic approach to a more substance-oriented and pragmatic approach to private law.
Ten years on, has the trend towards a new, less formal legal culture in Europe been confirmed or is there now a reverse tendency? As this paper points out, the picture is mixed: there are both examples of neo-formalism and new examples of a more substantive approach to private law. Four milestones and their implications for European legal culture are addressed: the sudden end of the postmodern era after 9/11, the failed European constitution and related neo-nationalism, the arrival of the new Member States, and the CFR process. Overall, today the neo-formalist tendencies seem to be stronger than a decade ago.
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