REVIEWS

Legal Services in Birmingham . By Lee Bridges , Brenda Sufrin , Jim Whetton and Richard White . Legal Expense Insurance . By Werner Pfennigstorf . [Chicago: American Bar Foundation. 1975. ix and 117 pp. $3.00.] The Land and the Development , or The Turmoil and the Torment . By Sir Desmond Heap ; being the 27th series of the Hamlyn lectures. Compensation for Compulsory Purchase : A Comparative Study. Edited by J. F. Garner . Compensation for Compulsory Purchase Landlord and Tenant . By M. Partington Kemp and Kemp : The Quantum of Damages in Personal Injury and Fatal Accident Claims . By David A. Mc I. Kemp, q.c. , assisted by Derrick Turriff , John M. C. Moxom and Richard W. Seymour . Compensation and Rehabilitation . By Harold Luntz . Bullen an D Leake and Jacob's Precedents of Pleadings . Twelfth edition. By I. H. Jacob . Odgers ' Principles of Pleading and Practice . Twenty-first edition. By D. B. Casson and I. H. Dennis . The European Convention on Human Rights . By Francis G. Jacobs . The European Convention on Human Rights . By Fredr . Casteberg . European Community Law in the United Kingdom . By Lawrence Collins . Compendium of Case Law Relating to the European Communities 1973. By H. J. Eversen , H. Sperl , and J. A. Usher . Megarry's Manual of the Law of Real Property . Fifth ed. By P. V. Baker . A Practical Guide to Capital Transfer Tax . By Hilda Wilson .     

Constitutionalism Without Constitution: Transnational Elites Between Political Mobilization and Legal Expertise in the Making of a Constitution for Europe (1940s−1960s)

By exploring how early political investments in favor of a European Constitution have been turned into a legal enterprise to constitutionalize the European treaties, this article analyzes the changing role of legal elites in the genesis of a European transnational order. At first, legal activities of constitution-making were closely linked to military issues and political mobilizations; later, the legal work of constitutionalization took a different path as a result of the process of differentiation of the European field of power and of the internal and contradictory logics of a newly created legal institution, the European Court of Justice (ECJ). By reconstructing the constitutionalization process, this article highlights the various types of elites then competing for the early definition of a European transnational order and, in particular, the capitals and representations of legal agents in the making of a Constitution for Europe.     

Reviews

International Adjudication: Procedural Aspects By V. S. Mani European Court Practice. By John A. Usher.     

欧洲法院初步裁决制度评述

初步裁决制度是欧盟法中的一项特殊的法律程序制度,适用初步裁决制度的案件占欧洲法院受理案件量的大多数.欧洲法院通过初步裁决制度对欧盟法进行解释,积极扩张其司法管辖的范围,促进了自身和成员国法院的合作,保证了欧盟法律在属于不同法律体系、适用不同诉讼规则的各成员国法院的统一适用,成为推动欧洲一体化进程的重要力量.就初步裁决的运行机制、这一制度本身存在的主要问题以及该制度的改革等进行了深入的探研,以期获得对欧盟法的这一重要制度的一个正确、客观、全面的认识.     

REVIEWS

Book reviewed in this article: Parry and Clark : The Law of Succession , 7th edition by J. B. Clark White Collar Crime . By G. Geis and R. Meier (revised edition) Worker Participation in Europe . By J. R. Carby -Hall Compensation for Unemployment . By John Mesher Unemployment Insurance Benefits . A Study of Administrative Procedure in the Unemployment Insurance Commission prepared for the Law Reform Commission of Canada by Pierre Issalys and Gaylord Watkins Labour Disputes and Unemployment Insurance Benefits in Canada and England . By M. A. Hickling European Studies in Law : Volume 1. Comparative Conflict of Laws : Selected Essays, Volume 1. By R. H. Graveson European Studies in Law : Volume 2: One Law : On Jurisprudence and the Unification of Law : Selected Essays, Volume II. By R. H. Graveson Consumer Credit Legislation . By R. Goode Consumer Credit Control . By F. Bennion Encyclopedia of Consumer Credit Law . By A. G. Guest and M. G. Lloyd     

法律趋同视角下的欧盟统一公司立法研究

欧盟统一公司立法创设了超国家层面的商事主体——欧洲公司和欧洲私人公司;资本制度更自由,公司治理更灵活,促进了各成员国公司法制度的趋同。统一公司立法也受制于各国的法律传统、利益集团和路径依赖等因素。欧盟成员国包括了大陆法系和英美法系国家,其公司立法的成果与争议,反映了两大法系公司法制度融合与竞争的发展趋势,值得在我国《公司法》修改完善中加以借鉴。     

REVIEWS

Book reviewed in this article: Memorising Politics Of Ancient History; Dialectic Of Nihilism: Post-Structuralism And Law. By Gillian Rose. The European Court of Justice: Practice and Procedure. By K. P. E. Lasok. The Dynamics of Aggression in Women's Prisons in England. By A. Mandaraka-Sheppard.     

从Gubisch案看欧共体法院对国际诉讼竞合的认定

国际诉讼竞合的认定是解决国际民商事管辖权冲突的先决条件。通过对欧共体法院一则判例的分析,指出,欧共体法院对国际诉讼竞合的认定趋向于持宽松的态度,而且,这种宽松的认定方法已被目前的国际立法和司法判例所吸收和支持。     

BOOK REVIEWS

Book reviewed in this article: Policing a Perplexed Society . By Sir Robert Mark Legal Decisions and Information Systems . By Jon Bing and Trygve Harvold Introduction to Legal Method . By J. H. Farrar Private Property and the Constitution . By Bruce A. Ackerman Parents and Children . By Brenda Hoggett Encyclopedia of European Community Law . General Editor: K. R. Simmonds Palmer's Company Law . Twenty-second edition. By Clive M. Schmitthoff Unfair Contracts : The Doctrine of Unconscionability     

Reviews

Conflict of Laws and European Community Law: With special reference to the Community Conventions on private international law. By Ian F. Fletcher.     

欧盟的刑法?——以欧洲法院(ECJ)判例为视角

随着欧盟一体化的不断深入,法律一体化也被提上了议事日程,但由于刑法的特殊性,使得刑法是否被纳入欧盟法律一体化当中成为疑问,从European Court of Justice判例这一视角出发,分析欧盟法和各成员国刑法之间的互动原则,由欧盟法院对于具体个案的解决模式推演出欧盟刑法产生的可能性和可行性,并针对欧盟刑法的整合模式加以具体研究。     

REVIEWS

Labour and the Law . By Otto Kahn -Freund . An Introduction to the Law of the European Economic Community . Edited by B. A. Wortley, o.b.e., q.c., ll.d. Shakespeare and the Lawyers . By O. Hood Phillips .     

Several liability with sequential care: an experiment

European Journal of Law and Economics - By a laboratory experiment, we investigate the incentives of potential tortfeasors to make investments in order to reduce the probability of a given harm...     

Reviews

Law, Society and Political Action. By Thomas Mathiesen. Official Discourse. By Frank Burton and Pat Carlen. The Law-Making Process. By Michael Zander. The Authority of Law: Essays on Law and Morality. By Joseph Raz. Enterprise Law of the 80's—European and American Perspectives on Competition and Industrial Organization. Edited by F. M. Rowe The Substantive Law of the EEC. By Derrick Wyatt and Alan Dashwood. Criminology in Focus: Past Trends and Future Prospects. By A. Keith Bottomley. Deviant Interpretations: Problems in Criminological Theory. Edited by David Downes and Paul Rock.     

REVIEWS

Book reviewed in this article: Trade Union Democracy , Members ' Rights and the Law . By Patrick Elias and Keith Ewing . Women , Employment and European Equality Law . Edited by Christopher Mc Crudden     

Rediscovering Civil Society: The European Union and the White Paper on Governance

The concept of 'civil society' has been rediscovered in contemporary discourses concerning the relationship between democracy and governance. This paper analyses this rediscovery in the more specific context of the European Commission's 2001 White Paper on European Governance. However, processes of transnationalisation, governmentalisation and autonomisation may compromise much of the potential of 'European civil society' as an intermediating sphere of social action. By reinforcing these processes, the White Paper undermines the normative claims made for a civil society premised upon the voluntary nature of its associative forms and its distinctive open, communicative and deliberative rationality.     

Vulnerability as a normative argument for accommodating “justice” within the AFSJ

Vulnerability is a concept that stems from ethics and legal theory. It has progressively gained momentum in international human rights law, in particular in the European contextof the European Court of Human Rights adjudications. Also, the European Union is sensitive to it.By the introduction of competences in the Area of Freedom, Security and Justice (AFSJ) we are witnessing a progressive “vulnerabilisation” of EU law. This article intends in the first place to outline such a problematic notion and then to highlight the normative effects of vulnerability. In particular, this article will put forward the argument that such notion could serve to revamp the profile of “justice” of the AFSJ, which has been neglected so far, calling for the development of a more sophisticated ethics of State duties.     

The transformative nature of the EU Declaration on Digital Rights and Principles: Replacing the old paradigm (normative equivalency of rights)

In December 2022 the European Commission, the European Parliament and the Council of the European Union jointly signed the European Declaration on Digital Rights and Principles, a document aiming to steer the EU digital agenda upon EU constitutional values and fundamental rights. Digital constitutionalism scholars regard the Declaration as a positive step forward within the process of constitutionalization of the digital environment in Europe. The Declaration includes both traditional rights enshrined in the EU Charter of Fundamental Rights and digital principles. Some of these principles have progressively underpinned the EU digital policy framework while others have been expanded in the Declaration or are of completely new formulation. In this contribution, we assess the Declaration's value in terms of relevance and novelty within the landscape of protection of online needs and interests in the EU. By assessing the Declaration's normative approach and using Lawrence Lessig's distinction between codifying and transformative constitutional regimes, we evaluate the Declaration's progressive and transformative character under a constitutional perspective.     

An optional European contract law code: Advantages and disadvantages

Should the EU introduce an Optional European Contract Law Code and what should it look like? By applying economic theories of federalism and regulatory competition (legal federalism), it is shown why an Optional Code would be a very suitable legal instrument within a two-level European System of Contract Laws. By allowing private parties’ choice of law to a certain extent, it can combine the most important advantages of centralisation and decentralisation of competences for legal rules. Through differentiated analyses of three kinds of contract law rules (mandatory substantive rules, mandatory information rules and facilitative law), important conclusions can be reached: which kinds of contract law rules are most suitable to be applied on an optional basis (e.g. facilitative law) and which might be less so (e.g. a core of information regulations). Furthermore a number of additional general conclusions about the design and scope of an Optional EU Code and some conclusions in regard to sales law are derived.     

REVIEWS

Book reviewed in this article: The Sociology of Law . Edited by Pat Carlen . Tort in Transition . By P. D. Mc Kenzie , G. W. R. Palmer and R. S. Clark . Nathan and Marshall : Cases and Commentary on the Law of Trusts . Sixth Edition. By D. J. Hayton . Cases and Materials on English Land Law . By Michael Harwood . Pinson on Revenue Law . 10th edition. Cases and Materials on Constitutional and Administrative Law . Second Edition. By Geoffrey Wilson . Immigration Law . By J. M. Evans Mental Health (Social Work & Law Series). By Brenda Hoggett . Legal Issues in Addict Diversion . By Harvey Perlman and Peter Jaszi . Trading Under EEC and U.S. Antitrust Laws . By Alfred Crotti . German Company Law . By H. Wurdinger . (European Commercial Law Library Number 3, General Editor, Robert R. Pennington.)