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"responsive law" and legal pluralism in the U.S. and "post-interventionist" and "reflexive" law in Germany. This comparison allows … gains of the former era into a set of market-oriented justifications of private autonomy and de-regulation. …Der Aufsatz rekonstruiert die wechselhafte Geschichte des Rechts nach dem Wohlfahrtsstaat’. Nachdem die Krise des …
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Judge-made law has played a crucial role in the process of European integration. In the vertical dimension, it has greatly reduced the range of autonomous policy choices in the member states, and it has helped to expand the reach of European competences. At the same time, however, "Integration...
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The progress of markets erodes traditional relations of social solidarity that are essential for the stability and performance of societies. As markets advance, pressures build on the state to replace informal social obligations with formal ones. Regulation may fail, however, which tends to give...
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