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

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Show simple item record AFILALO, Ari PATTERSON, Dennis PURNHAGEN, Kai Peter 2012-04-20T09:20:00Z 2012-04-20T09:20:00Z 2012
dc.identifier.issn 1725-6739
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.format.mimetype application/pdf
dc.language.iso en en
dc.relation.ispartofseries EUI LAW en
dc.relation.ispartofseries 2012/10 en
dc.rights info:eu-repo/semantics/openAccess
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
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