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Heidemann, Maren --- "International Commercial Harmonisation and National Resistance – the Development and Reform of Transnational Commercial Law and its Application Within National Legal Culture" [2012] ELECD 354; in Andenas, Mads; Andersen, Baasch Camilla (eds), "Theory and Practice of Harmonisation" (Edward Elgar Publishing, 2012)

Book Title: Theory and Practice of Harmonisation

Editor(s): Andenas, Mads; Andersen, Baasch Camilla

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781849800013

Section: Chapter 10

Section Title: International Commercial Harmonisation and National Resistance – the Development and Reform of Transnational Commercial Law and its Application Within National Legal Culture

Author(s): Heidemann, Maren

Number of pages: 18

Extract:

10. International commercial
harmonisation and national
resistance ­ the development and
reform of transnational commercial
law and its application within national
legal culture
Maren Heidemann*

1. INTRODUCTION
1.1 General Theory of Harmonisation

A theory of harmonisation has to be based on sound analysis of the underlying
concepts in both law and its language. While one difficulty in developing a
coherent theory of harmonisation of laws is the fact that the term is used in the
context of a specific area of EU legislative activity, an excellent starting point
is the word harmony itself. The word appears in only slightly different versions
in many languages across the world. The meaning depends on the context,
but certainly includes a pleasant accord of circumstances. Going beyond this
rather vague and seemingly random meaning of harmony one has to realise
that harmony was an important element in all the classic Greek scientific dis-
ciplines, and therefore plays a part not only in the seemingly vague concept of
musical harmony (which springs to mind first) but also in mathematics, phys-
ics, astronomy, philosophy and certainly medicine. The reason is that harmony
describes a precise system of proportionality, of proportions as they occur in
nature. Harmony is part of the laws of nature. An harmonious chord is built on
an exact ratio between individual tones, ie, their amplitudes, for instance, the
octave, the third and the fifth. This is a natural phenomenon which has been
used in architecture and all arts throughout history. Harmony depicts the ...