L’européanisation du droit au risque de la littérature-monde.

Over the last decades, diverse task forces have sought to promote legal integration within the European Union. The most familiar endeavours are no doubt those of Ole Lando’s “Commission” and Christian von Bar’s “Study Group”. And it is well-known that the European Parliament has spoken in favour of a European Civil Code on various occasions and that the European Commission has provided financial sponsorship for some at least of the major projects. Although the idea of a European private law has generated considerable debate, the specific implications following upon the brand of legal uniformization being defended remain poorly appreciated. In order to yield a more insightful perspective on the proposed legal framework, I consider Johann Wolfgang Goethe’s idea of “Weltliteratur” – or world-literature – that he elaborated in 1827 in a context where leading German intellectuals felt it imperative to move the cultural agenda beyond the narrow confines of parochial interests. The striking contrast between the two models of intercultural communication sheds light on the legal initiatives mentioned above. In particular, my comparative and interdisciplinary analysis points to the many translational problems arising from the development of uniform law in a plurilingual setting which are either ignored or downplayed by proponents of a European private law.