TY - JOUR
T1 - Book Review: Theory and Practice of Harmonisation, Mads Andenæs & Camilla B. Andersen (eds.)
AU - Goldbach, Toby Susan
PY - 2013
Y1 - 2013
N2 - "Theory and Practice of Harmonisation" is an edited symposium
publication which tackles the ambitious topic of legal harmonisation.
Some common themes can be identified. First, several papers deal with
the background to or reasons for harmonisation and consider whether
harmonisation goals are being met.Second, several papers examine
language-textual issues or problems with defining concepts. A third
centralizing theme is the role of legal institutions, in particular
courts, in facilitating harmonisation. Finally, a fourth theme is
evident in those papers that look at the instruments, mechanisms or
legal techniques that are used to implement harmonisation. As a whole,
the text seems somewhat ‘old-fashioned’ in talking about harmonisation –
law’s more global operation – without including recent reflections on
governance, legal pluralism or similar articulations about multiple
jurisdictional claims to legitimacy. Other than superficial mention in a
handful of chapters, the text misses out on Comparative Law’s
contributions and debates, for example: whether particular legal
legacies are better choices than others; whether certain areas of law
harmonise more easily; whether and how laws move transnationally; and
whether and how local legal culture serves as an obstacle to reception
of foreign law.
AB - "Theory and Practice of Harmonisation" is an edited symposium
publication which tackles the ambitious topic of legal harmonisation.
Some common themes can be identified. First, several papers deal with
the background to or reasons for harmonisation and consider whether
harmonisation goals are being met.Second, several papers examine
language-textual issues or problems with defining concepts. A third
centralizing theme is the role of legal institutions, in particular
courts, in facilitating harmonisation. Finally, a fourth theme is
evident in those papers that look at the instruments, mechanisms or
legal techniques that are used to implement harmonisation. As a whole,
the text seems somewhat ‘old-fashioned’ in talking about harmonisation –
law’s more global operation – without including recent reflections on
governance, legal pluralism or similar articulations about multiple
jurisdictional claims to legitimacy. Other than superficial mention in a
handful of chapters, the text misses out on Comparative Law’s
contributions and debates, for example: whether particular legal
legacies are better choices than others; whether certain areas of law
harmonise more easily; whether and how laws move transnationally; and
whether and how local legal culture serves as an obstacle to reception
of foreign law.
KW - Legal Harmonization
KW - Comparative Law
KW - Private International Law
KW - Financial Institutions
M3 - Book/Film/Article review
SN - 0731-1265
VL - 41
SP - 222
EP - 227
JO - International Journal of Legal Information
JF - International Journal of Legal Information
IS - 2
ER -