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Why We Have No Theory Of European Private Law Pluralism, Ralf Michaels Jan 2013

Why We Have No Theory Of European Private Law Pluralism, Ralf Michaels

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The recent popularity of legal pluralism has now reached the area of European private law. In this paper Michaels scrutinizes the concepts of legal pluralism used by three of its most prominent proponents: Pierre Legrand, Jan Smits, and Thomas Wilhelmsson. He does not offer fully-fledged criticism of their theories (each of which are among the most fascinating and helpful in the European private law debate) but only address their use of ideas of legal pluralism, and the relation of these ideas with the legal pluralism debate. His analysis shows not only that these three use sharply different concepts of legal …


Is Europe Headed Down The Primrose Path With Mandatory Mediation, Jacqueline Nolan-Haley Jan 2012

Is Europe Headed Down The Primrose Path With Mandatory Mediation, Jacqueline Nolan-Haley

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No abstract provided.