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The Harmonisation of National Legal Systems

Strategic Models and Factors

Antonios E. Platsas

This book offers a novel perspective on the leading concept of harmonisation, advocating the mutual benefits and practical utility of harmonised law. Theoretical models and factors for harmonisation are explored in detail. Antonios E. Platsas acknowledges a range of additional factors and presents harmonisation as a widely applicable and useful theory.
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Introduction to the Factors

Strategic Models and Factors

Antonios E. Platsas

Extract

In this part of the book, somewhat more distinctly, relevant factors of harmonisation, as in transposition and implementation factors, are set out. These are auxiliary considerations to the main models previously discussed but can, and oftentimes should, be used in conjunction with the proposed models. There are three points to be made here.

First, the use of factors goes hand in hand with the unifying hypothesis (division of labour) defined in this book. Thus, the main models may be followed by minor considerations, such considerations usefully assisting a national body’s efforts in carrying out its transposition and implementation efforts vis-à-vis harmonised norms more effectively.

Secondly, the reference to external sources (through the comparative law factor) and internal sources (through the socio-legal factor) seems natural. Comparative law1 is nowadays a subject which is used in an ever-increasing number of aspects of legal life. So too, legal sociology2 aims to offer us a better understanding of the legal world by investigating the social nexus of the real.

Thirdly, on occasion, the national authorities may have to choose between the comparative law factor and the socio-legal factor. This is otherwise in agreement with the contrasting and antithetical3 (though not always and not necessarily conflicting) character of comparative law and legal sociology. Yet, there does not have to be a choice between the two factors. One can therefore not exclude the theoretical possibility that indeed the implementer of harmonised law may use the comparative law factor in...

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