Pierre Legrand

Bio: Pierre Legrand is an academic researcher from Sorbonne. The author has contributed to research in topics: Comparative law & Argument. The author has an hindex of 11, co-authored 28 publications receiving 1020 citations. Previous affiliations of Pierre Legrand include Tilburg University & University of Paris.

European Legal Systems are not Converging

Abstract: Since the late 1940s, economic considerations relating to the globalisation of world markets have led an ever larger group of Western European countries to unite in the quest for a supra-national legal order which, in time, generated the European Community. Most of these countries' legal orders claim allegiance to what anglophones are fond of labelling the “civli law” tradition,1 although two common law jurisdictions joined the Community in the early 1970s. The European Community's early decision to promote economic integration (and, later, other types of integration) through harmonisation or unification has involved, at both Community and national levels (for the implementation of Community rules in the member States carries the adoption of national rules in all member States), a process of relentless “juridification”; law, in the guise of legislatively or judicially enacted rules, has assumed the role of a “steering medium”.2 This development was foreseeable: once the interaction among European legal systems had acted as a catalyst for the creation of a supra-system,3 the need to achieve reciprocal compatibility between the infra-systems and the supra-system naturally fostered the development of an extended network of interconnections (such as regulations and directives) which eventually raised the question of further legal integration in the form of a common law of Europe.4

Against a European Civil Code

Abstract: I propose to heed Nietzsche's advice: 'Handle deep problems like cold baths: quickly into them and quickly out of them.'2 The 'deep problem' I wish to address here concerns European legal integration. Specifically, I want to consider a propoundment which is apparently meeting with increasing favour in various political, professional and academic circles: that of a European Civil Code.3 The paradox is noteworthy: while nineteenth-century civil codes ruptured aspects of the commonality that had previously linked continental legal cultures, a civil code, it is now thought by many, will cement a legal unity across European legal cultures. The question is: should the idea of a European Civil Code be supported? My answer is, emphatically: no, it should not. I have divided my argument into three parts.

Comparative legal studies : traditions and transitions

Abstract: 1. Introduction: accounting for an encounter Roderick Munday Part I. Comparative Legal Studies and its Legacies: 2. The universalist heritage James Gordley 3. The colonialist heritage Upendra Baxi 4. The nationalist heritage H. Patrick Glenn 5. The functionalist heritage Michele Graziadei Part II. Comparative Legal Studies and its Boundaries: 6. Comparatists and sociology Roger Cotterrell 7. Comparatists and languages Bernhard Grossfeld Part III. Comparative Legal Studies and its Theories: 8. The question of understanding Mitchel Lasser 9. The same and the different Pierre Legrand 10. The neo-romantic turn James Whitman 11. The methods and the politics David Kennedy Part IV. Comparative Legal Studies and its Futures: 12. Comparatists and transferability David Nelken 13. Comparatists and extraordinary places Esin Orucu Conclusion 14. Beyond compare Lawrence Rosen Index.

How to compare now

Abstract: It is apt to say that Europe, or at least the Europe of the European Union, is currently experiencing a comparative moment. To quote from Nietzsche, ours is the ‘age of comparisons’. For the first time, the two legal traditions represented in Western Europe – known to anglophones as the ‘civil law’ and the common law - find themselves interacting with one another within a general legal framework, that of the Treaty of Rome. Of course, there has long been mutual influences and interferences. For instance, one can convincingly argue that the ancient common law was but a by-product of an earlier form of the civil law. In the words of Raoul van Caenegem:

Philosophy and the Mirror of Nature

Abstract: Richard Rorty's Philosophy and the Mirror of Nature brings to light the deep sense of crisis within the profession of academic philosophy which is similar to the paralyzing pluralism in contemporary theology and the inveterate indeterminacy of literary criticism. Richard Rorty's provocative and profound meditations impel philosophers to examine the problematic status of their discipline— only to discover that modern European philosophy has come to an end. Rorty strikes a deathblow to modern European philosophy by telling a story about the emergence, development and decline of its primary props: the correspondence theory of truth, the notion of privileged representations and the idea of a self-reflective transcendental subject. Rorty's fascinating tale—his-story —is regulated by three fundamental shifts which he delineates in detail and promotes in principle: the move toward anti-realism or conventionalism in ontology, the move toward the demythologizing of the Myth of the Given or anti-foundationalism in epistemology, and the move toward detranscendentalizing the subject or dismissing the mind as a sphere of inquiry. The chief importance of Rorty's book is that it brings together in an original and intelligible narrative the major insights of the patriarchs of postmodern American philosophy—W. V. Quine, Wilfred Sellars, and Nelson Goodman— and persuasively presents the radical consequences of their views for contemporary philosophy. Rorty credits Wittgenstein, Heidegger and Dewey for having "brought us into a period of 'revolutionary' philosophy" by undermining the prevailing Cartesian and Kantian paradigms and advancing new conceptions of philosophy. And these monumental figures surely inspire Rorty. Yet, Rorty's philosophical debts—the actual sources of his particular anti-Cartesian and antiKantian arguments—are Quine's holism, Sellars' anti-foundationalism, and Goodman's pluralism. In short, despite his adamant attack on analytical philosophy—the last stage of modern European philosophy—Rorty feels most comfortable with the analytical form of philosophical argumentation (shunned by Wittgenstein and Heidegger). From the disparate figures of Wittgenstein, Heidegger, and Dewey, Rorty gets a historicist directive: to eschew the quest for certainty and the search for foundations.

Women and Human Development.

Abstract: Women and Human Development. Martha C. Nussbaum. New York: Cambridge University Press, 2000, 303 pp.

The Collected Poems

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Action, Criticism and Theory for Music Education

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