European Law in the Past and the Future

As Europe moves towards economic and political unification, many wonder why legal unification makes so little headway. In this concise but wide-ranging book, R. C. van Caenegem considers the historical reasons behind this legal diversity. He stresses the importance of the adoption on the Continent - but not in England - of the classical law of the Romans, and shows how the rise of the nation states led to a multitude of national codes of law. The impact of politics on legal development is another key factor, and as a graphic example van Caenegem provides a detailed account of how the German past was extolled in Nazi Germany. The book concludes with a consideration of the ongoing debate on the desirability - indeed, on the possibility - of European legal unification and of a federal constitution for a united Europe.

(Cambridge)

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'... a valuable discussion of the role of law (along with lawyers and courts) in the development of a 'federal' Europe.' Contemporary Review

'For anyone interested in the ... legal past and the possibility of a common European law of the future, this book is an ideal starting point ... extremely well written ...' Political Studies

'This book takes the reader along a brisk, pleasant stroll down well-trodden paths - filled as they usually are with familiar turns and the occasional, unexpected gem.' Legal History

(Cambridge)

Preface; 1. The national codes: a transient phase; 2. Ius commune: the first unification of European law; 3. Common law and civil law: neighbours yet strangers; 4. The holy books of the law; 5. Why did the ius commune conquer Europe?; 6. Law is politics; Epilogue: a look into the twenty-first century; Bibliography; Index.

(Cambridge)