Jump to ContentJump to Main Navigation
The Emergence of EU Contract LawExploring Europeanization$
Users without a subscription are not able to see the full content.

Lucinda Miller

Print publication date: 2011

Print ISBN-13: 9780199606627

Published to Oxford Scholarship Online: January 2012

DOI: 10.1093/acprof:oso/9780199606627.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2018. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in OSO for personal use (for details see www.oxfordscholarship.com/page/privacy-policy).date: 12 December 2018

Europeanization and Diversity

Europeanization and Diversity

Chapter:
(p.185) 6 Europeanization and Diversity
Source:
The Emergence of EU Contract Law
Author(s):

Lucinda Miller

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199606627.003.0006

This chapter contends that diversity should be welcomed rather than disdained within the contract law frame, not simply because it is politically expedient to do so but because diversity is seen to offer a number of important advantages. Moreover, diversity is not antagonistic to the notion of Europeanization and may even provide a new paradigm for legal integration. Legal pluralism is offered as a useful theoretical construct from which the normative appeal of diversity can be evaluated. Drawing on the literature on global and constitutional legal pluralism, the chapter demonstrates that pluralism can create opportunity for experimentation, innovation and mutual learning. However, for its benefits to be maximised and its disadvantages minimised, pluralism should be managed within a framework of coordination. With this aim, the chapter advances a number of soft law governance mechanisms and institutions for coordinating the various sites at which contract law operates.

Keywords:   Legal pluralism, diversity, integration, soft law, framework of coordination, new governance, europeanization, global legal pluralism, constitutional pluralism

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .