Suchergebnisse

The pivotal aim of this book is to explain the creation, development and impact of the general principles of law in the European Union legal order. Creation. This is the stage whereby the general principles are created as a result of the influence of Member States law, as well as the influence of international instruments, e.g. the European Convention on Human Rights. This stage is clearly related to the use of comparative methodology and embodies an extensive examination of the jurisprudence of the European Court of Justice and the Opinions of the Advocates General. The use of teleological in

What is the likelihood of controlling technology by means of the law? In traditional societies, the law was deeply embedded in, and dependent on, culture (the totality of human creations for making sense of and living in the world). Industrialization required a complete restructuring of both technology and society, thus engulfing all traditions in a flood of new situations for which there were no precedents. This necessitated a growing reliance on reason at the expense of culture, thereby creating a rational and technical order that evolved with less and less reference to sense (i.e. experience and culture). It is within this context that recent legal transformations must be understood as participating in an order of non-sense. This bodes ill for protecting and helping to ensure a livable, sustainable human future.