Conflict and transformation : essays on European law and policy / Christian Joerges.
2022
KK143 .J64 2022 (Mapit)
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Author
Title
Conflict and transformation : essays on European law and policy / Christian Joerges.
Imprint
Oxford ; New York : Hart, 2022.
Copyright
©2022
Description
xi, 605 pages ; 25 cm.
Series
International studies in the theory of private law ; 15.
Formatted Contents Note
Introduction : agenda and structure of the volume
Introduction : the contest of disciplines in the study of European integration
Taking the law seriously : on political science and the role of law in the process of European integration
'Where the law runs out' : the overburdening of law and constitutional adjudication by the financial crisis and Europe's new modes of economic governance
Conclusion
Introduction : tensions and affinities between private law and European market integration
The science of private law and the nation state
The Impact of European integration on private law : reductionist perceptions, true conflicts and a new constitutional perspective
Private law in Europe's political economy after the financial crisis
Conclusion
Introduction : the integration project in the risk society
Scientific expertise in social regulation and the European Court of Justice : legal frameworks for de-nationalised governance structures
From intergovernmental bargaining to deliberative political processes : the constitutionalisation of comitology
Integration through de-legalisation?
Conclusion
Introduction : problems with 'social Europe'
Informal politics, formalised law and the 'social deficit' of European integration : reflections after the Judgments of the ECJ in Viking and Laval
Will the welfare state survive European integration? On the exhaustion of the legal conceptualisations of the integration project from the foundational period and the search for a new paradigm
How is a closer union conceivable under conditions of ever more socio-economic and political diversity? Constitutionalising Europe's unitas in pluralitate
Conclusion
Part IV
Introduction : 'the economic' in European Legal Scholarship
The market without the state? The 'economic constitution' of the European community and the rebirth of regulatory politics
What is left of the European Economic Constitution? A melancholic eulogy
Europe's economic constitution in crisis and the emergence of a new constitutional constellation
Conclusion
Part V
Introduction : semantics and concepts
United in diversity as Europe's vocation and conflicts law as Europe's constitutional form
The idea of a three-dimensional conflicts law as constitutional form
A conflicts-law response to the precarious legitimacy of transnational trade governance
Conclusion
Part VI
'Darker legacies of law in Europe'
Problems with a research project
Continuities and discontinuities in German legal thought
Europe a Grossraum? Shifting legal conceptualisation of the integration project
Working through 'bitter experiences' towards a purified European identity? A critique of the disregard for history in European constitutional theory and practice
Conclusion
Part VII
Epilogue : Europe's crisis and vocation.
Introduction : the contest of disciplines in the study of European integration
Taking the law seriously : on political science and the role of law in the process of European integration
'Where the law runs out' : the overburdening of law and constitutional adjudication by the financial crisis and Europe's new modes of economic governance
Conclusion
Introduction : tensions and affinities between private law and European market integration
The science of private law and the nation state
The Impact of European integration on private law : reductionist perceptions, true conflicts and a new constitutional perspective
Private law in Europe's political economy after the financial crisis
Conclusion
Introduction : the integration project in the risk society
Scientific expertise in social regulation and the European Court of Justice : legal frameworks for de-nationalised governance structures
From intergovernmental bargaining to deliberative political processes : the constitutionalisation of comitology
Integration through de-legalisation?
Conclusion
Introduction : problems with 'social Europe'
Informal politics, formalised law and the 'social deficit' of European integration : reflections after the Judgments of the ECJ in Viking and Laval
Will the welfare state survive European integration? On the exhaustion of the legal conceptualisations of the integration project from the foundational period and the search for a new paradigm
How is a closer union conceivable under conditions of ever more socio-economic and political diversity? Constitutionalising Europe's unitas in pluralitate
Conclusion
Part IV
Introduction : 'the economic' in European Legal Scholarship
The market without the state? The 'economic constitution' of the European community and the rebirth of regulatory politics
What is left of the European Economic Constitution? A melancholic eulogy
Europe's economic constitution in crisis and the emergence of a new constitutional constellation
Conclusion
Part V
Introduction : semantics and concepts
United in diversity as Europe's vocation and conflicts law as Europe's constitutional form
The idea of a three-dimensional conflicts law as constitutional form
A conflicts-law response to the precarious legitimacy of transnational trade governance
Conclusion
Part VI
'Darker legacies of law in Europe'
Problems with a research project
Continuities and discontinuities in German legal thought
Europe a Grossraum? Shifting legal conceptualisation of the integration project
Working through 'bitter experiences' towards a purified European identity? A critique of the disregard for history in European constitutional theory and practice
Conclusion
Part VII
Epilogue : Europe's crisis and vocation.
Summary
"In this important compendium, one of the leading scholars of EU law and its legal framework, reflects on his previous writings in the context of current challenges the European project is facing. More than a simple restatement, it offers an important theoretical comment at this defining time for EU law. The author offers a welcome counterbalance to what some perceive to be a surfeit of optimism when assessing the EU and its development. In so doing, Professor Joerges identifies three flaws in the current European ideology. Firstly, he points to the intellectual weakness of the "integration through law" ideology. Secondly, the book sets out the systematic neglect of "the economic" and its political dynamics. Finally, it addresses the complacency with respect to Europe's darker legacies. This is an important critical (and candid) assessment of Europe at its half century"-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references and index.
Available in Other Form
Online version: Joerges, Christian. Conflict and transformation Oxford ; New York : Hart, 2022
Call Number
KK143 .J64 2022
Language
English
ISBN
9781509926954 hardcover
150992695X hardcover
9781509960019 paperback
1509960015 paperback
9781509926978 electronic book
9781509926961 electronic book
9781509926985 electronic book
150992695X hardcover
9781509960019 paperback
1509960015 paperback
9781509926978 electronic book
9781509926961 electronic book
9781509926985 electronic book
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