Statecraft, the Market State and the Development of European Legal Culture

DSpace/Manakin Repository

Show simple item record

dc.contributor.author AFILALO, Ari
dc.contributor.author PATTERSON, Dennis
dc.contributor.author PURNHAGEN, Kai Peter
dc.date.accessioned 2012-04-20T09:20:00Z
dc.date.available 2012-04-20T09:20:00Z
dc.date.issued 2012
dc.identifier.issn 1725-6739
dc.identifier.uri http://hdl.handle.net/1814/21674
dc.description.abstract We consider whether the theory of the market-state can explain the features of a common European legal culture. Our thesis is that there is an extant EU legal culture, one which developed through the Europeanisation of law. The distinct European feature of this legal culture is the enforcement of market-state features in EU law. The concept of legal culture needs to be untied from a communitarian view by which culture “provides this group with its identity by establishing internal coherence and external difference, as well as relative consistency over time”. Culture hence needs to be viewed through a decentralized lens. As a nation-state heritage, EU law has developed a legal culture which does not follow purely market-state rationales, but rather balances these rationales against nation-state features such as human rights. en
dc.language.iso en en
dc.relation.ispartofseries EUI LAW en
dc.relation.ispartofseries 2012/10 en
dc.subject Legal Culture en
dc.subject Market-State en
dc.subject Statecraft en
dc.subject EU law en
dc.subject interpretation en
dc.subject legal theory en
dc.title Statecraft, the Market State and the Development of European Legal Culture en
dc.type Working Paper en


Files in this item

This item appears in the following Collection(s)

Show simple item record