Caenegem R.C. van.. European Law in The Past and The Future: Unity and Diversity over Two Millennia. Cambridge University Press,2004. — 185 p.. 2004

As Europe moves towards economic and political unification, many wonder why legal unification makes so little headway. In this concise but wide-ranging book, R. C. Van Caenegem considers the historical reasons behind this legal diversity. He stresses the importance of the adoption on the Continent – but not in England – of the classical law of the Romans, and shows how the rise of the nation states led to a multitude of national codes of law. The impact of politics on legal development is another key factor, and as a graphic example Van Caenegem provides a detailed account of how the German past was extolled in Nazi Germany. The book concludes with a consideration of the ongoing debate on the desirability – indeed, on the possibility – of European legal unification and of a federal constitution for a united Europe. R. C. van Caenegem is Professor Emeritus in the Faculty of Law and the Faculty of Letters, University of Ghent. His many publications include The birth of the English common law (1973; second edition 1988), Judges, legislators and professors (1987), An historical introduction to private law (English language edition 1992) and An historical introduction to Western constitutional law (1995).

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Contents

Preface

CHAPTER I THE NATIONAL CODES: A TRANSIENT PHASE

ONE CODE FOR EVERY COUNTRY?

ANGLO-NORMAN FEUDAL LAW

GERMANIC ELEMENTS IN THE CODE CIVIL

THE GERMAN CIVIL CODE BASED ON ROMAN LAW

CHANGE OR CONTINUITY?

THE IUS COMMUNE, TRANSNATIONAL BY DEFINITION

THE ENGLISH COMMON LAW PURELY ENGLISH?