David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
The aim of this paper is to develop an analytical framework for legal integration (integration through law / integration of law) in the European Union from the perspective of legal culture. We advance a relational conception of legal culture that builds on the tension between, and the reciprocal adaptation of, legal rules and social norms (process) in a given institutional order (unit). Drawing on Paul Bohannan's notion of double institutionalisation of law, we first analyse the relationship between legal rules and social norms in the state legal order. Secondly, we submit that due to the enhanced level of integration of the European polity as compared to traditional international law-type entities it is possible to cognise a European Union legal culture which is simultaneously distinct from and mutually constitutive of the legal cultures of its Member States. We conclude that from the perspective of legal culture, the challenges of European integration are not adequately described either in terms of a 'conflict of laws' or in terms of a 'clash of cultures'. Rather, legal integration in the European Union should be understood as building on parallel but interlocking processes of double institutionalisation of law at the European and the national levels.
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library||
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
P. G. Monateri, The "Weak Law":Contaminations and Legal Cultures (Borrowing of Legal and Political Forms).
Jean D'Aspremont & Frédéric Dopagne, Two Constitutionalisms in Europe: Pursuing an Articulation of the European and International Legal Orders.
Pavlos Eleftheriadis (2010). Pluralism and Integrity. Ratio Juris 23 (3):365-389.
Herwig C. H. Hofmann, Enforcement of Eu Law and National Criminal Law - Legal Problems in Composite Procedures.
Pavlos Eleftheriadis (forthcoming). The Law of Laws. Transnational Legal Theory 1 (3).
John Linarelli (2009). Analytical Jurisprudence and the Concept of Commercial Law. Penn State Law Review 114 (1):119-215.
Michal Bobek, On the Application of European Law in (Not Only) the Courts of the New Member States: 'Don't Do as I Say'?
Marta Chromá (2008). Semantic and Legal Interpretation : Two Approaches to Legal Translation. In V. K. Bhatia, Christopher Candlin & Paola Evangelisti Allori (eds.), Language, Culture and the Law: The Formulation of Legal Concepts Across Systems and Cultures. P. Lang
Bjorn Fasterling (2009). The Managerial Law Firm and the Globalization of Legal Ethics. Journal of Business Ethics 88 (1):21 - 34.
Mireille Hildebrandt (2007). European Criminal Law and European Identity. Criminal Law and Philosophy 1 (1):57-78.
Added to index2009-04-23
Total downloads25 ( #120,994 of 1,726,249 )
Recent downloads (6 months)1 ( #369,877 of 1,726,249 )
How can I increase my downloads?