Legal Pluralism in Europe - National Laws, European Legislation, and Non-Legislative Codifications

Legal Pluralism, 2012

19 Pages Posted: 25 May 2011

Date Written: May, 13 2011

Abstract

The paper compares the present state of European private law with the plural structure of early modern law in Europe. This comparison reveals – despite important differences – important structural similarities. Perhaps the most striking one is the structural parallel in the piecemeal political legislation of the acquis communautaire on the one hand, and medieval Canon law and early modern local legislation on the other hand. The resulting fractions between the formal acquis communautaire and the informal acquis commun are an expression of a new plural structure of modern European private law that resembles the plural structure of the earlier ius commune, itself based on an informal and a formal body of law (Roman law viz Canon law).

Keywords: european private law, legal pluralism, canon law, roman law, acquis communautaire, acquis commun

Suggested Citation

Jansen, Nils, Legal Pluralism in Europe - National Laws, European Legislation, and Non-Legislative Codifications (May, 13 2011). Legal Pluralism, 2012. Available at SSRN: https://ssrn.com/abstract=1840356

Nils Jansen (Contact Author)

University of Muenster ( email )

Institut für Rechtsgeschichte
Universitätsstraße 14-16
Münster, D-48143
Germany

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