Details
- Provides an original contribution to the theoretical debate surrounding the legitimacy of the European Union
- Presents a powerful alternative understanding of the authority of international institutions, arguing against rational choice theory
- Argues for a fresh understanding of European citizenship, drawing on insights from classical political philosophy
This innovative study examines the authority constituting the European Union. It claims that the type of power constituting a transnational regime transcends traditional forms of constitutional legality. It argues that the European constitutional project is out of step with the normative make-up of such a regime. It is to be feared, indeed, that the adoption of a Constitution for Europewould create a smokescreen obscuring a new and disturbing reality.
Drawing on the ancient tradition of linking different types of political power with the composition of the citizen's soul, the book explains that a transnational regime is based on an understanding of citizenship that is different from that underlying a constitutional democracy. Citizens are deemed to be essentially separate from one another. They abandon the larger society to itself and pursue their good in the private sphere. In place of trust and reliance in their own power to bring about change through common action, they hope to benefit from entrusting "problem-solving" to international networks of expertise. Essentially, citizens of this kind exhibit a strong commitment to individualism.
The book shows how individualism is reflected in the regulatory authority that theUnion claims for itself, in particular as regards the regulation of the internal market.
Readership: Legal academics interested in constitutional theory and theoretical work on the European Union; political scientists interested in the authority of international organizations; philosophers interested in the history of ideas of citizenship and political authority
Introduction
1: Power and its Subjects
2: Social Visions and the Normative Basis of Risks
3: The Malodorous Vice
4: Exploring the Normative Question
5: Good News for the Bad Habit
6: Market Holism Constructed
7: The Twilight of Constitutional Law
8: Rational Deference and the Emergence of Social Power
9: European Citizenship
10: Three Types of Normativity
11: The Inexpensive Caring State
12: The Deep Past
Alexander Somek, Charles E. Floete Chair in Law, University of Iowa College of Law
"This book is a tour de force. Imagine a refined jurist, historically astute philosopher and imaginative cultural critic all in one analyzing some of the biggest questions concerning the European Union and this is what you get. Deep, subtle and disturbingly plausible." - Mattias Kumm, New York University School of Law
"A very fresh look from a very sharp mind." - Armin von Bogdandy, Max-Planck-Institute for Comparative Public Law and International Law
"In this troubling and wise book on the European Union (EU), Alexander Somek puts forward a provocative reconstruction and assessment of the jurisprudence of the European Court of Justice (ECJ) and of the policy advocated by the European Commission...Striking a very dissonant note, the author ...claims that the usual Kantian optimism about the emergence of a 'new' and 'cosmopolitan' European order is, at best, delusionary. There is a very dark side to European integration besides the rough and tumble of referenda. This grand argument is rendered powerful by the gusto with which the author moves across disciplinary borders." - Agustín José Menéndez, ICON, July 2009
"By putting forward a theory of European authority, which could be of interest for European lawyers, political philosophers and sociologists, Alexander Somek has enriched the field of European studies with a remarkable work...a comprehensive reinterpretation of the nature of the European Legal order." - Marco Goldoni, University of Antwerp, Belgium, Social and Legal Studies 18 (3)
"Somek has an eclectic intellectual sensibility, and he treats us to many speculative surges and theoretical flights to accompany the more grounded parts of his story. And it is in these more elevated phases of the argument that he often seems drawn towards negative rather than affirmative conclusions, choosing to emphasise shade rather than light and to concentrate on how things might turn out for the worse rather than the better" - Neil Walker, University of Edinburgh, The Modern Law Review 73(1)
"...highly original, thoughtful and wide-ranging monograph" - Neil Walker, The Modern Law Review.
