Promovendus: Dhr. N.G. Graaf

Promotor: E. Mak

Duur: 1/2/2017 - 31/1/2021

Promotie: Utrecht, 10/10/2022

Abstract:

Scholarship concerning the dynamics of legal transfer is almost invariably focused on the rules and decisions level of legal systems. Judicial Ideologies and the Alignment of European Judicial Cultures complements this often-invoked analysis by turning the perspective to judicial culture. To this end, this project focusses on the development of judicial ideologies, i.e. the collection of values which define the general direction of courts to the law in force, in Germany, France, Italy and the Netherlands (1989-2020), and to what extent these align through the dynamics of top-down development (EU harmonisation) and bottom-up developments (legal borrowing). The analysis consists of the study of judicial ideologies in case law, legislation and legal scholarship from a comparative historical social science perspective.