Ph茅nom猫nes de formalisation du droit europ茅en
Abstract
All legal undertaking entails an effort of formalisation. Inscribed and permanently re-inscribed in forms, the law is 鈥済iven鈥�. It appears to us in texts and discourses that are thereby legal phenomena.
PROGRAMME [.pdf]
This seminar originated from the advanced idea that these phenomena constitute law prior to the intervention of some systems of classification and exclusion themselves recognised as markers of law. These phenomena constitute law even independently of those systems. The idea came to mind while thinking about European law; considering European contract law first, and subsequently the teaching of European law. The former, beyond its scattered forms, is the object of concurrent formalisations鈥� projects (legislations, conceptualisations, jurisprudence). The latter defines the subject of European law in Europe as well as elsewhere. The universities, academies and institutes are considered to be the places where European law takes a typical form.
It might well be the case that the production and the diffusion of discourses and texts con-stituting European law do not comply with the rational organization of law, nor with the institutional structures, of which we teach the validity. This would mean that Europe is the stage of a diffuse struggle of interests, and economical and political models of develop-ment. This struggle is 鈥渄iffuse鈥� because it takes place outside of official frameworks, which should legally monopolise discussions on European law.
It would also mean that the question of Europe鈥檚 鈥渓egal consolida-tion鈥� should to be posed in a much more complex manner than suggested by ideas of harmonization, of legislation or of codifi-cation.
Theme 1. European Contract Law - Competition of the
Projects, Models and Strategies of Formalisation
- Panel 1: Formalisations(1). Legislation and Conceptualisation of the European Con-tract Law(s)
- Panel 2: Formalisations(2). Interpreta-tions, Judges and 鈥渢he Spirit of Non-Codification鈥�
Theme 2. Teaching European Law Methods, Stakes, Ethic (?) of a Typical Legal Formalisation
