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Philosophical Foundations of EU Law

Overview

The supranational law of the European Union represents a uniquely powerful, far-reaching, and controversial instance of the growth of international legal governance, one that has forever altered the political and legal landscape of its Member States. The EU has attracted significant attention from political scientists, economists, and lawyers who have analysed its polity and constructed theoretical models of the integration process. Yet it has been almost entirely neglected by analytic philosophers, and the ...

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Philosophical Foundations of European Union Law

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Overview

The supranational law of the European Union represents a uniquely powerful, far-reaching, and controversial instance of the growth of international legal governance, one that has forever altered the political and legal landscape of its Member States. The EU has attracted significant attention from political scientists, economists, and lawyers who have analysed its polity and constructed theoretical models of the integration process. Yet it has been almost entirely neglected by analytic philosophers, and the philosophical tools that have been developed to analyse and evaluate the Union are still in their infancy.

This book brings together legal philosophers, political philosophers, and EU legal academics in the service of developing the philosophical analysis of EU law. In a series of original and complementary essays they bring their varied disciplinary expertise and theoretical perspectives to bear on central issues facing the Union and its law. Combining both abstract thought in legal and political philosophy and more tangible theoretical work on specific legal issues, the essays in this volume make a significant contribution to developing work on the philosophical foundations of EU law, and will engender further debate between philosophers, political philosophers, and EU legal academics. They will be of interest to all those engaged in understanding the nature and purpose of this unique legal entity.

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Product Details

  • ISBN-13: 9780199588770
  • Publisher: Oxford University Press
  • Publication date: 12/12/2012
  • Pages: 490
  • Product dimensions: 9.80 (w) x 7.10 (h) x 1.20 (d)

Meet the Author

Dr Julie Dickson studied law and legal philosophy at the University of Glasgow, and at Balliol College, Oxford. She was an academic at the University of Leicester and at University College London before taking up her current post as Fellow and Senior Law Tutor at Somerville College, Oxford, in 2002. She is the review articles editor of the Oxford Journal of Legal Studies and is on the editorial board of legal theory journals Law and Philosophy, Legal Theory, Transnational Legal Theory, and Problema.

Pavlos Eleftheriadis studied in Athens and Cambridge. He is a Fellow in Law at Mansfield College Oxford and a Barrister at Francis Taylor Building. He specializes in public law, EU law, and legal philosophy. He has been a visiting professor at Columbia Law School. His book Legal Rights was published in 2008 by OUP.

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Table of Contents

1. Introduction: The Puzzles of European Union Law, Julie Dickson and Pavlos Eleftheriadis
Part I: The Legal System
2. Towards a Theory of European Union Legal Systems, Julie Dickson
3. Not a System but an Order: An Inter-Institutional View of European Union Law, Keith Culver and Michael Giudice
4. Harmonic Law: The Case Against Pluralism, George Letsas
5. Judicial Dialogue in the European Union, Anthony Arnull
Part II: Political Foundations
6. Deciphering the Political and Legal DNA of European Integration: An Exploratory Essay, Joseph Weiler
7. Citizenship and Obligation, Pavlos Eleftheriadis
8. Constitutionalism in the European Union: Pipedream or Possibility?, Wil Waluchow
9. Constitutionalism and the Moral Point of Constitutional Pluralism: Institutional Civil Disobedience and Conscientious Objection, Mattias Kumm
10. European Demoicracy and its Crisis, Kalypso Nicolaidis
11. Statecraft and the Foundations of European Union Law, Ari Afilalo and Dennis Patterson
Part III: Constitutional Virtues
12. Precedent and the Court of Justice: A Jurisprudence of Doubt?, Takis Tridimas
13. Monism and Fundamental Rights, Lorenzo Zucca
14. European Integration and the Rule of Law in Foreign Policy, Geert De Baere
15. Solidarity in the European Union: Problems and Prospects, Andrea Sangiovanni
16. The Problem of Justice in the European Union: Values, Pluralism, and Critical Legal Justice, Sionaidh Douglas-Scott

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