First published in 1998, this volume focuses critically on the European identity of the law of the European Union, of national law and the law of human rights. It is primarily concerned with the ways in which European identity is created through the rejection of a malign Other constituted in opposition to all that a virtuous Europe and its law, are supposed to be. The construction of this Other is explored in claims of the EU legal order to a unity and coherence transcending the nation-state; in the assertion of a European identity through laws effecting cultural, immigration and security policies; and in the claims to a lofty 'European-ness' made by national law and the European Convention on Human Rights. A major contribution to the understanding of European Law in the terms of the debates over modernity and postmodernity, this book will interest those involved with studies of the European Union and its law, with critical legal studies and also with socio-legal studies.
Table of Contents
Part 1. Between Modernity and Postmodernity. 1. An Ever Whiter Myth: the Colonization of Modernity in European Community Law. James Henry Bergeron. 2. New Europe and Old Stories: Mythology and Legality in the European Union. Peter Fitzpatrick. 3. Legal Pluralism in the European Union. Harm Schepel. 4. Europe’s Empirise: Symbolic Economy and the Postmodern Condition. James Henry Bergeron. Part 2. European Identity in EU Law. 5. Understanding the European Union / European Economic Area as Systems of Functionally Different Processes: Economic, Political, Legal, Administrative and Cultural. 6. Culture in the Evolution of European Law: Panacea in the Quest for Identity? Valsamis Mitsilegas. 7. The Common Foreign and Security Policy of the EU: Reinforcing the European Identity? Sionaidh Douglas-Scott. 8. The Politics of Alterity and Exclusion in the European Union. Carole Lyons. Part 3. European Identity in National Law and in the European Convention. 9. Foucault and the ‘Illegal Alien’: National Identity as Focus for Distinction and Control. Sarah van Walsum. 10. Querelle Asks for Asylum. Thomas Spijkerboer. 11. Legal Pluralism in Britain: The Rights of Muslims after the Rushdie Affair. Kathleen M. Moore. 12. The Construction of the Other in the European Human Rights Enterprise: A Narrative about Democracy, Human Rights, the Rule of Law and My Neighbour Uncle Blaze. Krisztina Morvai.