Paper's abstract

Mathias Reimann, Positive Law and Legal Culture. The Americanization of European Law as a Reception
This essay looks at the Americanization of European law as a process of reception in an admittedly tentative fashion. Its basis is a distinction between the (narrow) realm of positive law and the (broader) sphere of the legal culture. On the one hand, it considers the American influence on European positive law more limited than is often assumed. On the other hand, it perceives the impact on the legal culture, especially on the organization and style of legal practice, as more profound than one might think. It concludes that, as with many previous receptions, the effects on the legal culture, i.e. on methods, sources, professional roles, and practices, will probably be more significant in the long run than any changes in the positive rules.

Key Words : reception, culture
t. 45, 2001 : p. 61-75

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