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Philosophical Foundations of EU Law


ISBN13: 9780199588770
Published: October 2012
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £105.00



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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.

Subjects:
EU Law
Contents:
1. Introduction: The Puzzles of European Union Law

PART I: THE LEGAL SYSTEM
2. Towards a Theory of European Union Legal Systems
3. Not a System but an Order: An Inter-Institutional View of European Union Law
4. Harmonic Law: The Case Against Pluralism
5. Judicial Dialogue in the European Union

PART II: POLITICAL FOUNDATIONS
6. Deciphering the Political and Legal DNA of European Integration: An Exploratory Essay
7. Citizenship and Obligation
8. Constitutionalism in the European Union: Pipedream or Possibility?
9. Constitutionalism and the Moral Point of Constitutional Pluralism: Institutional Civil Disobedience and Conscientious Objection
10. European Demoicracy and its Crisis
11. Statecraft and the Foundations of European Union Law

PART III: CONSTITUTIONAL VIRTUES
12. Precedent and the Court of Justice: A Jurisprudence of Doubt?
13. Monism and Fundamental Rights
14. European Integration and the Rule of Law in Foreign Policy
15. Solidarity in the European Union: Problems and Prospects
16. The Problem of Justice in the European Union: Values, Pluralism, and Critical Legal Justice

Series: Philosophical Foundations of Law

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Philosophical Foundations of Precedent ISBN 9780192857248
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Philosophical Foundations of Evidence Law ISBN 9780198859307
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Philosophical Foundations of Constitutional Law ISBN 9780198754534
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Philosophical Foundations of Labour Law ISBN 9780198825272
Published December 2018
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Philosophical Foundations of the Law of Torts
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ISBN 9780198824220
Published May 2018
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Philosophical Foundations of Children's and Family Law ISBN 9780198786429
Published March 2018
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Philosophical Foundations of The Nature of Law ISBN 9780198812951
Published November 2017
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Philosophical Foundations of Tax Law ISBN 9780198798439
Published February 2017
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Philosophical Foundations of Contract Law ISBN 9780198713029
Published October 2016
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Philosophical Foundations of Law and Neuroscience ISBN 9780198743095
Published July 2016
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Philosophical Foundations of Fiduciary Law ISBN 9780198783343
Published February 2016
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£49.99
Philosophical Foundations of Constitutional Law ISBN 9780198754527
Published February 2016
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£110.00
Philosophical Foundations of Human Rights ISBN 9780199688623
Published May 2015
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£137.50
Philosophical Foundations of Human Rights (eBook) ISBN 9780191002915
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Philosophical Foundations of Human Rights ISBN 9780199688630
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Philosophical Foundations of Contract Law ISBN 9780198713012
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Philosophical Foundations of Fiduciary Law ISBN 9780198701729
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Philosophical Foundations of the Law of Torts (eBook)
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Philosophical Foundations of the Law of Torts
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ISBN 9780198701385
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Philosophical Foundations of Discrimination Law (eBook) ISBN 9780191641305
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Philosophical Foundations of Discrimination Law ISBN 9780199664313
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Philosophical Foundations of Property Law ISBN 9780199673582
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Philosophical Foundations of The Nature of Law ISBN 9780199675517
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Philosophical Foundations of Criminal Law ISBN 9780199673674
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Philosophical Foundations of Criminal Law (eBook) ISBN 9780191654701
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Philosophical Foundations of Language in the Law ISBN 9780199673704
Published January 2013
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Philosophical Foundations of EU Law (eBook) ISBN 9780191652165
Published October 2012
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Philosophical Foundations of Language in the Law ISBN 9780199572380
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Philosophical Foundations of Language in the Law (eBook) ISBN 9780191654756
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Philosophical Foundations of Criminal Law ISBN 9780199559152
Published March 2011
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Philosophical Foundations of the Law of Unjust Enrichment ISBN 9780199567751
Published March 2009
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