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Roman Law, Scots Law and Legal HistorySelected Essays$
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William Gordon

Print publication date: 2007

Print ISBN-13: 9780748625161

Published to Edinburgh Scholarship Online: September 2012

DOI: 10.3366/edinburgh/9780748625161.001.0001

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European Legal History and the Europeanisation of Law☼

European Legal History and the Europeanisation of Law☼

Chapter:
(p.352) 26 European Legal History and the Europeanisation of Law
Source:
Roman Law, Scots Law and Legal History
Author(s):

William M Gordon

Publisher:
Edinburgh University Press
DOI:10.3366/edinburgh/9780748625161.003.0026

The main aim of this article is to consider how far the study of the history of the law in Europe can assist in understanding and possibly developing a common law for Europe. The problems are considerable in the absence of the common language and concepts which underpinned the ius commune which might be, and has been, seen as a model. European legal history also discloses a tendency to fragmentation and legal nationalism as well as common ground. Fitting European legal history into a crowded curriculum is a problem and it is uncertain how far history assists in understanding current developments in European law or supports the idea of a common European law.

Keywords:   European legal history, Europeanisation, Ius commune, Legal nationalism, Legal curriculum

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