Law

In the late 1950s, European law underwent a linguistic shift that made the language of European law more political and less precise. Thorben Klünder systematizes the vocabulary of European law, traces its historical development, and offers a critique of European legal language, metaphor, and theory.

The dispute over the exclusion of populist minorities from parliamentary bodies is only partly amenable to a purely legal solution. Drawing on a comparative analysis of German and French law, Michael Lurz-Hempelmann demonstrates the extent to which parliamentary rules and practices are shaped by political and cultural traditions.

In 1938, Henri Mazeaud lauded the 1933 Polish Code of Obligations as the best foundation for a future European private law. Although the Polish Code largely followed foreign models, transmitting those influences into the Polish Civil Code of 1964, it merits more attention in comparative law than it has thus far received.

Do constitutional courts overstep into the realm of politics? Jonas Tafel examines the recurring accusation of judicial overreach and, using the example of the Court of Justice of the European Union, develops a model that enables more nuanced criticism while also highlighting potentials for acceptance.