Henninger, Thomas Europäisches Privatrecht und Methode. Entwurf einer rechtsvergleichend gewonnenen juristischen Methodenlehre
2009. XXXII, 496 pages. StudIPR 224
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Thomas HenningerEuropäisches Privatrecht und MethodeEntwurf einer rechtsvergleichend gewonnenen juristischen Methodenlehre
[European Private Law and Legal Methods. Developing a European Legal Method by Using Comparative Law.]Published in German. As a consequence of the current Europeanization of private law, the concept of a European method of interpretation is of considerable interest. Several study groups have been involved in the development of common principles for European private law, but they have scarcely dealt with legal methods. Thomas Henninger analyzes the common principles of legal methods in Europe from the perspective of comparative law. In the descriptive section of his book, he shows the legal methods established by law, jurisprudence and legal doctrine in the most important countries in Europe and by the European Court of Justice. In a normative section, he compares the different legal methods in Europe, makes suggestions for common legal principles of a European legal method and shows ways in which to improve the current legal methods in Europe. In doing so, he focuses on a comparison of the methods of civil law in continental Europe and the methods of English case law. The author thus provides an introduction to legal methods in Europe and contributes to the discussion about the future of European private law.eBook
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