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Borderlines in Private Law

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EU Law as a Creative Process: A hermeneutic approach for the EU internal market and fundamental rights protection


ISBN13: 9789462512788
Published: October 2021
Publisher: Europa Law Publishing
Country of Publication: Netherlands
Price: £79.00



All legal texts tell us stories in many ways. What stories, what narratives, can be found in the case law of the Court of Justice of the European Union? This book invites the reader to think of the world of EU law as a creative process. From such a perspective, the adjudicative praxis of the Court is an intellectual, cultural, literary activity, in which the reader can imagine him- or herself participating.

The author develops a novel hermeneutic methodology to examine the textual performance of the Court, by combining the work of American ‘Law and Literature’ scholar James Boyd White with the work of French philosopher Paul Ricoeur. This methodology allows for an analysis of the role played by the Court in its legal reasoning and the vision of humanity it demonstrates: narratives of ‘self’ and ‘other’.

The synthesis of two case studies (on economically inactive EU citizens’ access to social benefits, and on data protection and privacy) results in an open-ended and self-reflective examination of the narratives about human agency and human responsibility in the case law of the Court of Justice European Union.

Subjects:
EU Law
Contents:
Chapter 1. Introduction
Part 1: Theory
Chapter 2. A Hermeneutic Approach for EU Law
Part II: Prefiguration
Chapter 3. The ECJ’s Institutional ‘Self’
Chapter 4. Prefiguration of the Internal Market and Fundamental Rights
Part III. Configuration
Chapter 5. Case Study on Economically Inactive EU Citizens’ Access to Social Benefits
Chapter 6. Case Study on Personal Data Protection and Privacy
Part IV: Refiguration
Chapter 7. Synthesis
Chapter 8. Concluding Observations

Bibliography
Table of Cases