Comparative legal reasoning and European law

KIIKERI, Markku

2001

Dordrecht ; Boston : Kluwer Academic Publishers, 2001, Law and philosophy library ; 50

Cite

KIIKERI, Markku, Comparative legal reasoning and European law, Dordrecht ; Boston : Kluwer Academic Publishers, 2001, Law and philosophy library ; 50 - https://hdl.handle.net/1814/36255

Retrieved from Cadmus, EUI Research Repository

Comparative Legal Reasoning and European Law deals with the use of comparative law in European legal adjudication. It describes the different forms of the use of comparative law in legal reasoning, argumentation and justification in several national legal orders and in European level legal institutions. The book begins with an inquiry into the nature of comparative law as a legal source. After the description of the empirical study it ends to the general theory of European law and several hard cases of European law are examined. The book is intended for students and researchers in European law but it also contains aspects to be taken into account in the practical work in European legal orders and legal institutions by judges and legal practitioners.

Table of Contents:

-- Acknowledgements -- 1: Introduction -- 2: Some Historical and Theoretical Observations -- 3: Comparative Law in European Legal Adjudication - Comparative Law in the European Level Case Law - "Hard Cases" and the Comparative Limits of European Law -- 4: Conclusions -- EPILOGUE - Contemporary Comparative Law - What Kind of Institutional Justification is Comparative Legal Justification? -- Literature -- Interviews -- Index

Cadmus permanent link: https://hdl.handle.net/1814/36255

ISBN: 9780792368847

Publisher: Kluwer Academic Publishers

Initial version: http://hdl.handle.net/1814/4672

Version: Published version of EUI PhD thesis, 1999

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