Chapter

Europeanization and Diversity

Lucinda Miller

in The Emergence of EU Contract Law

Published in print September 2011 | ISBN: 9780199606627
Published online January 2012 | e-ISBN: 9780191731716 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199606627.003.0006

Series: Oxford Studies in European Law

Europeanization and Diversity

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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

Chapter.  15214 words. 

Subjects: EU Law

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