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Author: Fernanda Nicola
Publisher: Cambridge University Press
ISBN: 1108210562
Category : Law
Languages : en
Pages : 661
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Book Description
Through an interdisciplinary analysis of the rulings of the Court of Justice of the European Union, this book offers 'thick' descriptions, contextual histories and critical narratives engaging with leading or minor personalities involved behind the scenes of each case. The contributions depart from the notion that EU law and its history should be narrated in a linear and incremental way to show instead that law evolves in a contingent and not determinate manner. The book shows that the effects of judge-made law remain relatively indeterminate and each case can be retold through different contextual narratives, and shows the commitment of the European legal elites to the experience of legal reasoning. The idea to cluster the stories around prominent cases is not to be fully comprehensive, but to re-focus the scholarship and teaching of EU law by moving beyond the black letter and unravel the lawyering techniques to achieve policy results.
Author: Fernanda Nicola
Publisher: Cambridge University Press
ISBN: 1108210562
Category : Law
Languages : en
Pages : 661
Get Book Here
Book Description
Through an interdisciplinary analysis of the rulings of the Court of Justice of the European Union, this book offers 'thick' descriptions, contextual histories and critical narratives engaging with leading or minor personalities involved behind the scenes of each case. The contributions depart from the notion that EU law and its history should be narrated in a linear and incremental way to show instead that law evolves in a contingent and not determinate manner. The book shows that the effects of judge-made law remain relatively indeterminate and each case can be retold through different contextual narratives, and shows the commitment of the European legal elites to the experience of legal reasoning. The idea to cluster the stories around prominent cases is not to be fully comprehensive, but to re-focus the scholarship and teaching of EU law by moving beyond the black letter and unravel the lawyering techniques to achieve policy results.
Author: Pauline Stephanie Phoa
Publisher: Europa Law Publishing
ISBN: 9789462512788
Category :
Languages : en
Pages : 308
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Book Description
All legal texts tell us stories in many ways. What stories, what narratives, can be found in the case law of the Court of Justice of the European Union? This book invites the reader to think of the world of EU law as a creative process. From such a perspective, the adjudicative praxis of the Court is an intellectual, cultural, literary activity, in which the reader can imagine him- or herself participating. The author develops a novel hermeneutic methodology to examine the textual performance of the Court, by combining the work of American 'Law and Literature' scholar James Boyd White with the work of French philosopher Paul Ricoeur. This methodology allows for an analysis of the role played by the Court in its legal reasoning and the vision of humanity it demonstrates: narratives of 'self' and 'other.' The synthesis of two case studies (on economically inactive EU citizens' access to social benefits, and on data protection and privacy) results in an open-ended and self-reflective examination of the narratives about human agency and human responsibility in the case law of the Court of Justice European Union.
Author: Luis Miguel Poiares Pessoa Maduro
Publisher: Bloomsbury Publishing
ISBN: 1847315631
Category : Law
Languages : en
Pages : 532
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Book Description
This book revisits, in a new light, some of the classic cases which constitute the foundations of the EU legal order and is timed to celebrate the 50th anniversary of the Rome Treaty establishing a European Economic Community. Its broader purpose, however, is to discuss the future of the EU legal order by examining, from a variety of different perspectives, the most important judgments of the ECJ which established the foundations of the EU legal order. The tone is neither necessarily celebratory nor critical, but relies on the viewpoint of the distinguished line-up of contributors - drawn from among former and current members of the Court (the view from within), scholars from other disciplines or lawyers from other legal orders (the view from outside), and two different generations of EU legal scholars (the classics revisit the classics and a view from the future). Each of these groups will provide a different perspective on the same set of selected judgments. In each short essay, questions such as 'what would have EU law been without this judgment of the Court? what factors might have influenced it?; did the judgment create expectations which were not fully fulfilled?' and so on, are posed and answered. The result is a profound, wide-ranging and fresh examination of the 'founding cases' of EU law.
Author: Fernanda Nicola
Publisher: Cambridge University Press
ISBN: 1107118891
Category : Law
Languages : en
Pages : 661
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Book Description
This book retells the multiple stories behind the rulings of the European Court, revealing their context, their history and the legal and non-legal strategies of their actors.
Author: Jeremias Adams-Prassl
Publisher: Bloomsbury Publishing
ISBN: 1350929107
Category : Law
Languages : en
Pages : 371
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Book Description
This book introduces students to the great debates in EU law. Rather than simply presenting traditional approaches that provide descriptions (often in historical order) of substantive and constitutional elements of Union law, this book clusters material around these debates in an engaging and lively way. By offering concise analyses of core dilemmas and tensions in EU law, the book provides a different kind of introduction, one that helps students place the discussions within a boarder context and narrative. The authors have found in their teaching that students often struggle with individual aspects and materials without understanding broader narratives, which are traditionally developed in monographs or journal articles that are beyond the reach of undergraduate readers.
Author: Mikael Rask Madsen
Publisher: Cambridge University Press
ISBN: 100905922X
Category : Law
Languages : en
Pages : 389
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Book Description
The book takes stock of the on-going 'methodological turn' in the field of EU law scholarship. Introducing a new generation of scholars of the European Court of Justice from law, history, sociology, political science and linguistics, it provides a set of novel interdisciplinary research strategies and empirical materials for the study of the Court of Justice of the European Union. The twelve case studies included challenge the usual top-down approach to EU law and the CJEU and instead suggest a more localized and fine-grained observation of the socio-legal actors and practices involved in the making of CJEU case-law. Moving beyond mainstream legal scholarship and the established 'grand narratives' of legal integration, the volume provides a more historically-informed and sociologically-grounded account of the EU law's uneven embeddedness in Europe's economies and societies.
Author: Päivi Leino-Sandberg
Publisher:
ISBN: 9781108828437
Category :
Languages : en
Pages : 0
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Book Description
Author: Justine Lacroix
Publisher: OUP Oxford
ISBN: 0199594627
Category : Political Science
Languages : en
Pages : 432
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Book Description
How is the European Union framed in national intellectual debates? How is the evolving polity conceived? In answer to these questions, European Stories develops a comparison between intellectual narratives of European integration across twelve national cases in order to offer a wide range of contrasting intellectual contexts.
Author: William Phelan
Publisher: Cambridge University Press
ISBN: 1108499082
Category : Law
Languages : en
Pages : 279
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Book Description
Presents a new approach to prominent judgments of the European Court of Justice drawing on the writings of Judge Robert Lecourt.
Author: Tamara K. Hervey
Publisher: Cambridge University Press
ISBN: 1107010497
Category : Law
Languages : en
Pages : 749
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Book Description
The first holistic and thematic study of EU health law, and its implications, through its own internal logics.
