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Book ReviewsJackson, B.S., and D. McGoldrick, Legal Visions of the New Europe.
Essays Celebrating the Centenary of the Faculty of Law, University of
Liverpool, London, Dordrecht, Boston: Graham & Trotman, Martinus
Nijhoff Publishers (1993) viii + 348 pages + Indexes. 'The most profound truths are also the least familiar' says Francois Ost
at the beginning of his contribution to this volume and lie is undoubtedly
right, at least as far as the topic of this book is concerned. The current
changes in the institutional shape of Europe are, to be sure. the subject of
the closest scrutiny by scholars and others. However, academic practice has it
that one is expected to focus on particular aspects of these changes according
to one's area of specialization and almost never leave the confines of their
respective disciplines and methodological paradigms. As a result, legal
academics rarely have the chance to stand back from doctrinal questions of
their respective fields in order to view these developments in a more synthetic
or interdisciplinary way. Even more rarely do we see the results of this
process of self-reflection in published form. Nevertheless, this is precisely what this volume sets out to do. It
brings together various approaches to the current European developments,
ranging from the history of law (B.S. Jackson) and the history of international
confederations (I. Campbell), to the law of human rights (e.g. A. Garapon, N.
Harris, S. Millns, P. Rowe), the Conference on Security and Cooperation (D.
McGoldrick), the regulation or non-regulation of trade in the EC (D. Chalmers,
G. Howells, M. Jones), the new challenges for legal education (R. Bakker) and
the international politics of European integration (J. Verhoeven). These
studies, authored by past and present members of' the University of Liverpool
and by continental academics with links with it, focus both oil distinct areas
and on wider perspectives. The result is a collection of essays that, when read
together, provide a fruitful beginning for a broader appreciation of the
various 'Legal Visions' of the new Europe and lead to a deeper understanding of
current transformations. Moreover. these essays achieve their goal by
maintaining their focus on the legal dimensions of these changes. They avoid,
that is, the well known strategy of dispensing with complex normative questions
by reducing them to the interplay of some social or historical forces,
supposedly external to the legal process itself. The clear appreciation of the
normative issues at stake and of the role that European legal culture plays in
describing and answering these questions is what sets this collection apart
from other, less successful, attempts at the same objective. No clear conclusion seems to emerge from this synthesis and this is
perhaps the most important conclusion. The variety of methods and arguments
seen) to be not just a matter of different legal culture,,, but also an
integral part of systematic distinctions like those between public and private
law, national and international law - and a necessary feature of the historical
development of national legal systems. This variety sits uneasily with the
optimistic view of the (often spoken as almost 'natural') harmonization of the
different European legal systems. But this may not be always problematic. Why
not maintain a plurality of solution for a plurality of problems in a plurality
of social contexts? This book is a very welcome addition to the literature on comparative
and international law and a significant contribution to the study of European
laws and institutions. It is also fitting tribute to the hundred years of the
Faculty of Law of the University of Liverpool. It is evidence to the very high
quality of scholarship Pursued there. Pavlos Eleftheriadis Queen Mary and Westfield College London
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