The Paradox of American Critical Legalism

Duncan Kennedy's essay is a reprint from his recently published book. We hope to draw attention to Kennedy's work among students of European integration since we believe his analysis to be relevant both to the specific debate on the impact of European integration upon private law and to comparative legal study in general. European legal scholarship has only recently begun to examine the problems of private legal integration. The late appearance of private law in the integration arena is due to a primarily instrumental understanding and strategic use of law in the European market-building project: only once legal ‘barriers to trade’ were eliminated and national regulatory law replaced by Europeanised norms, did the degree to which the core institutions of ’private‘ law had been (indirectly) affected by the integrationist logic become apparent. Comparative legal research, however, has benefited from this awakening of interest. European Commission projects have widened the scope of and intensified comparative studies in Europe. Equally, experience gained from the ‘Integration Through (Public) Law’ project has led to a new private legal debate on the impact of national traditions, the concept of legal cultures and the social functions of private law. Accordingly, whilst Duncan Kennedy's deliberations on the history of American legal thought and the differences between American and European legal cultures are generally to be commended for their sensitive treatment of the specificities of the civil law system and the common law heritage, they are equally of particular topical concern since in addition to highlighting America's ‘utter faith and utter distrust in law,’ they also investigate the fundamentally different approaches adopted towards ‘the project law’ within each of the member states of the EU. If European private lawyers are to come to terms with the problems of integration and convergence, they must first tackle these deep-seated divergences between their own national legal cultures.     

A scholarly and analytical perspective on the Management of Intellectual Property

‘A book may be good for nothing; or there may be onlyone thing in it worth knowing; are we to read it all through?’(Samuel Johnson) This section is dedicated to the review of ideas, articles,books, films and other media. It will include replies (and rejoinders)to articles, the evaluation of new ideas or proposals, and reviewsof books and articles both directly and indirectly related tointellectual property law. In this analytical approach to the Management     

Party politics and the north Indian peasantry: The rise of the Bharatiya Kranti Dal in Uttar Pradesh

In the last 20 years politics in the rural areas of north India has been transformed by the emergence of non‐Congress parties with strong support among the prosperous strata of the peasantry. Studies of these developments have placed different emphases on the importance of class and caste factors, as well as drawing attention to the existence of blocs of potential support previously alienated from the Congress. In Uttar Pradesh (UP) the defection from the Congress of peasant leader Charan Singh and the formation of the Bharatiya Kranti Dal (BKD) in the late 1960s, has been seen as one of the most important examples of these changes in rural politics. The purpose of this article is to examine the formation and initial electoral fortunes of the BKD in one locality, and, at the same time, to assess the applicability, to a local setting, of general explanations of the emergence and success of the party.     

Recurring themes in management thought: What every manager should know about management history

This paper examines the content of 23 recognized classic books in the field of management. The sample included books from all major schools of administrative thought and spans the period of 1912-1977. The results of a content analysis illustrated that a series of relatively well defined recurring themes emerged in this period of 65 years. An argument is made that while many innovative management ideas have been and continue to be formulated, administrators should be familiar with the importance of the recurring themes. Moreover, educators should be careful not to “shortchange” these fundamentals in favor of more contemporary and seemingly exciting new ideas.