Patterns of Legal Culture: The Netherlands Compared to Neighboring Germany

Blankenburg, Erhard

doi:10.2307/841077

Cited by 52 publications

(22 citation statements)

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“…Furthermore, the legal traditions of the Netherlands and Germany show much communality as far as it concerns the law in the books. Both the Dutch and the German substantive law reflect common “Germanic traditions” (Blankenburg, ). These commonalities in written law also hold for packaging waste legislation, which the Netherlands and Germany transposed almost identically (see section 6).…”

Section: Case Selection: Enforcement Of the Packaging Waste Directivementioning

confidence: 99%

The other face of Eurolegalism: The multifaceted convergence of national enforcement styles

Bastings

Mastenbroek

Versluis

2016

Regulation & Governance

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This article analyzes the implications of European integration for national regulatory enforcement. More specifically, it tests the Eurolegalism thesis, which holds that the tendency of using more detailed, prescriptive European Union (EU) regulation combined with more public and private enforcement leads to a convergence in national enforcement styles. It does so by developing and applying a fine‐grained conceptualization of enforcement style. This conceptualization forms the basis of a focused comparison of enforcement of the highly detailed and strict EU Packaging Waste Directive in the Netherlands and Germany – two countries known for their opposed enforcement styles. Our analysis shows that although convergence toward a more insistent enforcement style seems to have taken place, the two countries have arrived at this position in markedly different ways. By identifying differences in style underneath the surface of convergence, the article qualifies the Eurolegalism argument, thus, advancing the literature on EU enforcement styles and deepening our understanding of the subtle and divergent ways in which common international regulatory inputs may affect domestic enforcement.

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Section: Case Selection: Enforcement Of the Packaging Waste Directivementioning

confidence: 99%

The other face of Eurolegalism: The multifaceted convergence of national enforcement styles

Bastings

Mastenbroek

Versluis

2016

Regulation & Governance

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“…Unfortunately, this is symptomatic of our times, that even when the consumer is in the right, you cannot achieve anything without a lawyer.' These notions seem to reflect what has been described as a hierarchical German legal culture, reflected in the institutional infrastructure Blankenburg 1994;Blankenburg 1998). Although Blankenburg was comparing Dutch and German legal cultures, he describes the Dutch having an established network of avoidance infrastructure (ADR), which applies to the UK too.…”

Section: Comparing People's Expectations Of the Ombudsmanmentioning

confidence: 99%

What do we expect from an ombudsman? Narratives of everyday engagement with the informal justice system in Germany and the UK

Creutzfeldt¹

2016

International Journal of Law in Context

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This paper looks at expectations people have of informal justice mechanisms through a rich empirical dataset of 2775 recent ombudsman users in Germany and the United Kingdom. In a cross-cultural comparison the ombudsman, as a model of justice is explored. Not much is known about people's expectations towards the ombudsman model; this paper starts to fill the gap. Four roles became apparent as cross-cultural narratives in the dataset; people who interact with ombudsmen expect them to be interpreters, advocates, allies and instruments. The identified roles are largely common to both countries, but in some aspects they show national specificities. These national specificities are seen mainly in the use of language; in Germany it is more legalistic in comparison to the UK. I argue that this might be related to what has been described as the general legal culture of each country and the institutional set-up.

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“…There are enormous similarities in the legal systems of all developed modern countries. Each one is, of course, unique, and the study of what makes each of them unique is of great sociological interest (see, for example, the work of Blankenburg 1997, Feldman & Bayer 1999. Still, the legal systems of modern Japan, France, England, or Norway are much more like each other than any of these systems is like its own remote ancestor.…”

Section: Basic Assumptionsmentioning

confidence: 99%

Coming of Age: Law and Society Enters an Exclusive Club

Friedman

2005

Annu. Rev. Law. Soc. Sci.

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Key Words legal culture, legal system, sociology of law, impact studies ■ Abstract Law and society, though not a field in itself, is the object of a growing movement that studies legal systems using tools of social science. Founded by sociologists, the movement now includes representatives of all the social sciences. It has developed strong organizations in the United States and in a number of other countries. Its adherents share a number of basic assumptions; they reject extreme ideas of legal autonomy and stress instead the dependence of law on its social context. Key components of the legal order, and thus key objects of study, are substance, procedures, structures, and legal culture. Scholars focus on the actual forces that produce law and on the impact of legal interventions. Sanctions, the peer group, and the internal moral sense are among the factors that determine actual impact. Much has been accomplished in the field, although much remains to be done, and translating findings into policy is often quite problematic.

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Patterns of Legal Culture: The Netherlands Compared to Neighboring Germany

Cited by 52 publications

References 0 publications

The other face of Eurolegalism: The multifaceted convergence of national enforcement styles

The other face of Eurolegalism: The multifaceted convergence of national enforcement styles

What do we expect from an ombudsman? Narratives of everyday engagement with the informal justice system in Germany and the UK

Coming of Age: Law and Society Enters an Exclusive Club

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