Focusing on paradoxes and tensions of European legal integration, this book investigates four complex and inherently contradictory processes - constitutionalization and democratization, institution-building and market-making, cross-cultural communication and European discourse, and cultural exceptionalism and normalization - to offer a new framework for understanding contemporary European integration. The volume features contributions from some of the biggest names in European legal philosophy, to include Neil MacCormick, Yves Dezalay and Bryant Garth, Pierre Legrand, Heikki Mattila and David Nelken. It presents a timely, interdisciplinary approach to an important and topical area and will be of interest to those concerned with the place of socio-legal processes, language and culture in the continuous advancement of the EU project.
'This volume investigates, from an interdisciplinary perspective, the linguistic, epistemological and methodological obstacles with respect to legal integration. The volume contains essays by some of Europe's leading comparatists which makes it indispensable.' Geoffrey Samuel, University of Kent, UK
Contents: General introduction: paradoxes of European legal integration, Mikael Rask Madsen, Anne Lise KjÃ¦r, Helle Krunke and Hanne Petersen; Part 1 European Law as a Process Between Constitutionalization and Democratization: Introduction: European law as a process between constitutionalization and democratization, Helle Krunke; The convention and its constitution: all a great mistake?, Neil MacCormick; When 'no' means 'yes': a constitution for Europe and the limits of ignorance, Andreas Philippopoulos-Mihalopoulos; A legal mission: the emergence of a European 'rationalized' natural law, Henning Koch. Part 2 An Ever Closer Union - An Ever Larger Market: Lawyers and the Transnational Construction of European Institutions and Markets: Introduction: an ever closer union - an ever larger market:lawyers and the transnational construction of European institutions and markets, Mikael Rask Madsen; Re-structuring states by exporting law: American law firms and the genesis of a European legal market, Yves Dezalay and Bryant Garth; (Re)constructing the boundaries of the market: EU law and institutions analysed through the lens of discontinuity, Inger-Johanne Sand; Transnational statecraft: legal entrepreneurs, the European field of power, and the genesis of the European constitution, Antonin Cohen; How to become a transnational elite: lawyers' politics at the genesis of the European Communities (1950-1970), Antoine Vauchez. Part 3 Language as a Barrier and Carrier of European Legal Integration: Introduction: language as barrier and carrier of European legal integration, Anne Lise KjÃ¦r; Surface law, William Twining; Word/world: (of primordial issues for comparative legal studies), Pierre Legrand; Towards a common European legal thinking: a dialogic challenge, Edda Weigand; European integration and legal communication, Heikki Mattila. Part 4 Exceptionalism and Normalization: Ambiguity and Honour in European Integration Processes: Introduction: exceptionalism and normaliz