Home >
Law >
European Union Law >
Philosophical Foundations of EU Law

Philosophical Foundations of EU Law

Author: Julie Dickson; Pavlos Eleftheriadis
Publisher: Oxford University Press
ISBN: 9780199588770
Published In: October 2012
Format: Hardback , 472 pages
Jurisdiction: European Union ? Disclaimer:
Countri(es) stated herein are used as reference only

Out of stock

Description
Contents
Author

Details

Presents original philosophical work on foundational issues in EU law, aiding the understanding of its nature and purpose
Explains the key issues and questions underlying the philosophy of EU law, offering a road-map of current work in the subject for those new to the field
Explores the distinctive challenges for legal and political philosophy which the EU poses, contributing to a rounded picture of legal and political theory in the modern world
Features essays from philosophers, moral philosophers, and EU legal academics, offering a range of perspectives on theoretical problems at the heart of EU law

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.

Readership: Academics and postgraduate students working in EU law, political philosophy, and European politics

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

Julie Dickson, Fellow and Tutor in Law, Somerville College, Oxford, and Pavlos Eleftheriadis, Fellow and Tutor in Law, Mansfield College, Oxford

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.

Contributors:
Ari Afilalo, Professor of Law, Rutgers-Camden School of Law
Anthony Arnull, Barber Professor of Jurisprudence, University of Birmingham
Keith Culver, Professor and Director, Okanagan Sustainability Institute, University of British Columbia
Geert De Baere, Assistant Professor of International Law and EU Law at the Faculty of Law and Senior Member at the Leuven Centre for Global Governance Studies, University of Leuven
Julie Dickson, Faculty of Law, University of Oxford, and Fellow and Tutor in Law, Somerville College, Oxford
Sionaidh Douglas-Scott, Professor of European and Human Rights Law, University of Oxford
Pavlos Eleftheriadis, Faculty of Law, University of Oxford, and Fellow and Tutor in Law, Mansfield College, Oxford
Michael Giudice, Associate Professor of Philosophy, York University, Toronto, Canada
Mattias Kumm, Professor for 'Rule of Law in the Age of Globalization', Social Science Research Center & Humboldt University, Berlin, and Inge Rennert Professor of Law, New York University School of Law
George Letsas, Reader in Philosophy of Law and Human Rights, University College London
Kalypso Nicolaïdis, Professor of International Relations, University of Oxford
Dennis Patterson, Chair in Legal Theory and Legal Philosophy at the European University Institute, Florence; Board of Governors Professor of Law, Rutgers University, Camden, New Jersey; Professor of International Trade and Jurisprudence, Swansea University
Andrea Sangiovanni, Lecturer, Department of Philosophy, King's College London
Takis Tridimas, Sir John Lubbock Professor of Banking Law, Queen Mary University of London
Wilfrid J. Waluchow, Professor of Philosophy and Senator William McMaster Chair in Constitutional Studies, McMaster University
J.H.H. Weiler, NYU School of Law
Lorenzo Zucca, Reader in Jurisprudence, King's College London