Comparative Analysis of Family Law Harmonization in the EU: Doctrinal Procedures and National Policy Interactions
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Comparative law, family law, European Union, legal harmonization, national policies, globalization, legal regionalization, functional method, structural method
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Abstract
Explore the intersection of politics and comparative family law through Fausto Caggià's 2018 study, examining how European Union efforts to harmonize family regulations impact national legal systems. This academic analysis delves into the dynamics of convergence and divergence in European family law, highlighting the complex interplay between legal unification and local political and cultural influences. Discover how Caggià applies comparative law doctrinal procedures, including the functional and structural methods, to understand the communications between national family law policies, shedding light on the challenges and limitations of harmonization processes in a globalized context.
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[...] For a political use of comparative family law - Fausto Caggià (2018) - What doctrinal procedures of comparative law does Caggià use to study the communications between national policies of family law? - Introduction For a political use of comparative family law Link to the text: https://www.comparazionedirittocivile.it/data/uploads/colonna%20sinistra/1.%20teoria%20generale/caggia_usopolitico2018.pdf Introduction: « The law is the expression of the general will" - this quote from Rousseau reminds us that legislative evolutions are often reflections of social and political changes. In the field of family law, these evolutions are particularly revealing of the way modern societies navigate between tradition and modernity." The text we are going to comment on explores the dynamics of convergence and divergence in family law in Europe, highlighting the processes of legal unification while considering the specific political and cultural influences of each member state. [...]
[...] The interest of the text lies in its ability to show how legal unification projects do not simply transcend national borders but interact with specific political and social realities. By highlighting the criticisms and adaptations of legal models, the text proposes a reflection on the effectiveness and limits of harmonization processes. The central issue is: 'What comparative law doctrinal procedures does Caggià use to study the communications between national family law policies?' To address this question, the plan is divided into three parts: first, we will analyze the evolving / historical political perspective; second, we will examine the functional method; and finally, we will explore the structural method. [...]
