Description
Book SynopsisContaining contributions by leading historians, lawyers and sociologists, this book examines the formative processes underlying the legal order of contemporary Europe. It offers sociological explanations of both the national and the supranational factors which have shaped the European legal structure.
Table of Contents1. Introduction: law and the formation of modern Europe: perspectives from the historical sociology of law Mikael Rask Madsen and Chris Thornhill; Part I. Legal Institutions and European State Formation: 2. Fascism and European state formation: the crisis of constituent power Chris Thornhill; 3. The beginnings of constitutional justice in Europe Thomas Olechowski; 4. Judicialization in sociohistorical perspective – lessons from the case of France Antoine Vauchez; 5. Towards a sociology of intermediary institutions: the role of law in corporatism, neo-corporatism and governance Poul Kjaer; Part II. Law and Europe's Ideological Transformations: 6. Private, public and collective: the twentieth century in Italy from fascism to democracy Irene Stolzi; 7. Nazism and its legal aftermath: coming to terms with the past after World War II Ditlev Tamm; 8. Between socialism and liberalism: law, emancipation and 'solidarność' Jacek Kurczewski; Part III. Law and the Supranational Reinvention of Europe: 9. Europe in crisis – an evolutionary genealogy Hauke Brunkhorst; 10. International human rights and the transformation of European society: from 'free Europe' to Europe of human rights Mikael Rask Madsen; 11. Lawyers and the transformations of the fields of state power: osmosis, hysteresis and aggiornamento Yves Dezalay and Bryant Garth.
