Towards a Renewed Universalism in Law

Diogenes 55 (3):55-66 (2008)
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Abstract

Despite the phenomena of internationalization and Europeanization, legal process remains essentially national in character. However, certain domains of law are already unified. Focusing mainly on the French tradition and its contribution to the construction of a European legal space, this paper: a) criticizes the traditional methods used to manage diversity in law – unifying the law and co-ordinating those legal codes likely to be conflictual; b) studies the debate between universalism and particularism in private international law, a discipline whose essential object is the resolution of the difficulties derived from pluralism; and c) attempts to discern an appropriate path towards a 'renewed universalism' by pursuing a comparative approach which can open the way towards unification but must also be able to preserve the irreducible diversity of law

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