The Politics Of European Legal Research

Author : Marija Bartl,Jessica C. Lawrence
Publisher : Edward Elgar Publishing
Page : 288 pages
File Size : 42,7 Mb
Release : 2022-04-28
Category : Electronic
ISBN : 1802201181

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The Politics of European Legal Research by Marija Bartl,Jessica C. Lawrence Pdf

Making a key contribution to the contemporary debate about methods in European legal research, this comprehensive book looks behind different methodologies to explore the institutional, disciplinary, and political conflicts that shape questions of 'method' or 'approach' in European legal scholarship. Offering a new perspective on the underlying politics of method, it identifies four core dimensions of methodological struggle in legal research - the politics of questions, the politics of answers, the politics of legal audiences, and the politics of the concept of law. Chapters explore how methodological choices impact the questions legal scholars ask, the answers they seek, the audiences for and to whom they speak, and ultimately their understanding of the legal and the social world. Leading contributors uncover the framing discourses, institutional inertias, and political pressures that shape research questions, while assessing the effects of importing social science methods into legal research, and how audiences of legal research and education shape our understanding of law. Concluding with a reflection on the continued, if qualified, relevance of formal doctrinal methods for European legal research, this thought-provoking book will be a key resource for students and scholars of law and politics, research methods and European law.

Author : Paul J. Cardwell,Marie-Pierre Granger
Publisher : Edward Elgar Publishing
Page : 424 pages
File Size : 50,5 Mb
Release : 2020-07-31
Category : Political Science
ISBN : 9781788971287

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Research Handbook on the Politics of EU Law by Paul J. Cardwell,Marie-Pierre Granger Pdf

Offering a wealth of thought-provoking insights, this topical Research Handbook analyses the interplay between the law and politics of the EU and examines the role of law and legal actors in European integration.

Author : Gareth Davies,Matej Avbelj
Publisher : Edward Elgar Publishing
Page : 448 pages
File Size : 49,6 Mb
Release : 2018
Category : Electronic
ISBN : 9781786433091

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Research Handbook on Legal Pluralism and EU Law by Gareth Davies,Matej Avbelj Pdf

The Research Handbook on Legal Pluralism and EU Law explores the diversity of phenomenon of overlapping legal systems within the European Union, the nature of their interactions, and how they deal with the difficult question of the legal hierarchy between them. The contributors reflect on the history, sociology and legal scholarship on constitutional and legal pluralism, and develop this further in the light of the challenges currently facing the EU.

Author : Päivi Leino-Sandberg
Publisher : Unknown
Page : 0 pages
File Size : 45,5 Mb
Release : 2021
Category : Electronic
ISBN : 1108828434

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The Politics of Legal Expertise in EU Policy-making by Päivi Leino-Sandberg Pdf

Author : Rob van Gestel,Andreas Lienhard
Publisher : Edward Elgar Publishing
Page : 512 pages
File Size : 42,6 Mb
Release : 2019
Category : LAW
ISBN : 9781788115506

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Evaluating Academic Legal Research in Europe by Rob van Gestel,Andreas Lienhard Pdf

Legal academics in Europe publish a wide variety of materials including books, articles and essays, in an assortment of languages, and for a diverse readership. As a consequence, this variety can pose a problem for the evaluation of academic legal research. This thought-provoking book offers an overview of the legal and policy norms, methods and criteria applied in the evaluation of academic legal research, from a comparative perspective.

Author : Alberta Fabbricotti
Publisher : Edward Elgar Publishing
Page : 488 pages
File Size : 40,9 Mb
Release : 2016-06-24
Category : Law
ISBN : 9781785364402

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The Political Economy of International Law by Alberta Fabbricotti Pdf

Set in the context of growing interdisciplinarity in legal research, The Political Economy of International Law: A European Perspective provides a much-needed systematic and coherent review of the interactions between Political Economy and International Law. The book reflects the need felt by international lawyers to open their traditional frontiers to insights from other disciplines - and political economy in particular. The methodological approach of the book is to take the traditional list of topics for a general treatise of international law, and to systematically incorporate insights from political economy to each.

Author : Bartl, Marija,Lawrence, Jessica C.
Publisher : Edward Elgar Publishing
Page : 288 pages
File Size : 50,9 Mb
Release : 2022-04-19
Category : Law
ISBN : 9781802201192

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The Politics of European Legal Research by Bartl, Marija,Lawrence, Jessica C. Pdf

Making a key contribution to the contemporary debate about methods in European legal research, this comprehensive book looks behind different methodologies to explore the institutional, disciplinary, and political conflicts that shape questions of ‘method’ or ‘approach’ in European legal scholarship. Offering a new perspective on the underlying politics of method, it identifies four core dimensions of methodological struggle in legal research – the politics of questions, the politics of answers, the politics of legal audiences, and the politics of the concept of law.

Author : Hans-W Micklitz
Publisher : Cambridge University Press
Page : 489 pages
File Size : 51,6 Mb
Release : 2018-11-15
Category : Law
ISBN : 9781108424127

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The Politics of Justice in European Private Law by Hans-W Micklitz Pdf

Compares national concepts of social justice with the developing European concept of access justice.

Author : R. Daniel Kelemen
Publisher : Harvard University Press
Page : 379 pages
File Size : 45,5 Mb
Release : 2011-04-01
Category : Political Science
ISBN : 9780674061057

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Eurolegalism by R. Daniel Kelemen Pdf

Despite western Europe's traditional disdain for the United States' "adversarial legalism," the European Union is shifting toward a very similar approach to the law, according to Daniel Kelemen. Coining the term "eurolegalism" to describe the hybrid that is now developing in Europe, he shows how the political and organizational realities of the EU make this shift inevitable. The model of regulatory law that had long predominated in western Europe was more informal and cooperative than its American counterpart. It relied less on lawyers, courts, and private enforcement, and more on opaque networks of bureaucrats and other interests that developed and implemented regulatory policies in concert. European regulators chose flexible, informal means of achieving their objectives, and counted on the courts to challenge their decisions only rarely. Regulation through litigation-central to the U.S. model-was largely absent in Europe. But that changed with the advent of the European Union. Kelemen argues that the EU's fragmented institutional structure and the priority it has put on market integration have generated political incentives and functional pressures that have moved EU policymakers to enact detailed, transparent, judicially enforceable rules-often framed as "rights"-and back them with public enforcement litigation as well as enhanced opportunities for private litigation by individuals, interest groups, and firms.

Author : Mikael Rask Madsen,Fernanda Nicola,Antoine Vauchez
Publisher : Unknown
Page : 128 pages
File Size : 54,6 Mb
Release : 2022
Category : Justice, Administration of
ISBN : 100904981X

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Researching the European Court of Justice by Mikael Rask Madsen,Fernanda Nicola,Antoine Vauchez Pdf

"Mainstream legal scholarship on the European Community (EC) and the European Union (EU) has long been dominated by meta-narratives and grand theories to explain European legal integration as a necessary, if not self-evident, process toward ever greater integration. The directional pull of these functional narratives, whether termed as Europeanization, federalization, or constitutionalization, is one towards an ever-closer Union, thereby replicating the original teleology of the Rome Treaty (1957). Although there are theoretical differences among these explanations, notably between intergovernmental and neo-functionalist narratives, most scholars agree that one particular institutional actor has played an outsized role: the European Court of Justice (ECJ), now the Court of Justice of the EU (CJEU) since the Lisbon Treaty (2009) that includes the Court of Justice, the General Court. For the same reasons, the CJEU has become a coveted object of inquiry for studies of European integration and governance. We have for years learned about its role in constitutionalizing Europe, establishing the supremacy of European law, creating a system of supranational governance, and the new types of litigation and mobilization spurred by the ECJ"--

Author : Rossana Deplano,Giulia Gentile,Luigi Lonardo,Tobias Nowak
Publisher : Unknown
Page : 0 pages
File Size : 43,7 Mb
Release : 2024-06-13
Category : Law
ISBN : 1802205845

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Interdisciplinary Research Methods in EU Law by Rossana Deplano,Giulia Gentile,Luigi Lonardo,Tobias Nowak Pdf

This comprehensive Handbook provides a critical and analytical guide to the application of interdisciplinary research methods in EU law and explores the advancement of the EU legal landscape from an interdisciplinary research perspective. Venturing beyond doctrinal legal scholarship, it reflects on the cognitive synergies between EU law and other disciplines, and advances the debate on contemporary trends in EU law research. Bringing together a carefully selected group of expert authors, this Handbook surveys the ways in which studying and researching EU law has become an increasingly integrative endeavour. It presents key insights from fields traditionally associated with EU law, including history, economics and political science, but also disciplines traditionally less explored by EU lawyers, such as literature, social psychology and data science, thereby offering novel perspectives and epistemological tools that enrich our understanding of the EU and its laws. Showcasing the variety of research questions and methods advancing EU law studies, it provides a systematisation of the diverse approaches to studying the legal order of the EU. Interdisciplinary Research Methods in EU Law is essential reading for researchers, academics and graduate students of European law and politics, and for those interested in research methods in law. Think tanks, research institutes and practitioners of EU law and related areas will equally benefit from the applied nature of the text.

Author : Mark Dawson,Floris de Witte
Publisher : Cambridge University Press
Page : 275 pages
File Size : 41,7 Mb
Release : 2022-05-05
Category : Law
ISBN : 9781108836173

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EU Law and Governance by Mark Dawson,Floris de Witte Pdf

An accessible and interdisciplinary take on EU law and governance, situating EU law in its political, social and cultural context.

Author : Dorte Sindbjerg Martinsen
Publisher : Oxford Studies in European Law
Page : 273 pages
File Size : 52,7 Mb
Release : 2015
Category : Law
ISBN : 9780198753391

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An Ever More Powerful Court? by Dorte Sindbjerg Martinsen Pdf

Scholars generally agree that courts are powerful authorities in settling disputes between parties, but the broader political impact of such resolution is disputed. Are courts powerful generators of political change? This book examines the ability of the Court of Justice of the European Union (CJEU) to foster political change for a European Union (EU) social policy, including healthcare. The conventional assumption is that a strong causal link exists between legal and political integration in the EU, in which Court rulings progress and shape European integration. The book challenges this view on the basis of a careful examination of how judicial–legislative interactions determine the scope and limits of European integration in the daily EU decision-making processes. The legislative impact of Court rulings is traced by the use of original data over time from 1957 to 2014 and through three case studies: EU working time regulation, patients’ rights in cross-border healthcare, and regulation of the posting of workers. The book finds that EU legislative politics has the capacity to condition the more general impact of legal integration. It demonstrates how the broader reach of jurisprudence results from a continuous interplay between law and politics, but one where the interpretations, perceptions, and interests of political actors and governing majorities matter for judicial influence on policies. Despite fragmentation of EU politics, politicians can modify and sometimes reject judicial influence on policy outputs. Rather than being judicialized, EU politics respond to and condition the political impact of legal integration, which again affects judicial behaviour.

Author : Antonina Bakardjieva Engelbrekt,Xavier Groussot
Publisher : Unknown
Page : 0 pages
File Size : 44,8 Mb
Release : 2019
Category : Electronic
ISBN : 1509923330

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The Future of Europe by Antonina Bakardjieva Engelbrekt,Xavier Groussot Pdf

"The European Union is at a crossroads. Slowly recovering from a series of financial and economic crises, with trust fundamentally shaken by processes of disaggregation and increasingly nationalist politics, it is searching for new visions that are at once inspiring and workable. In its White Paper of 1 March 2017, the Commission proposed five non-exclusive options for the Future of Europe. As put by the Commission, the five scenarios are illustrative in nature to provoke thinking. They are not detailed blueprints or policy prescriptions. Likewise, they deliberately make no mention of legal or institutional processes - the form will follow the function. This book takes the current state of the Union seriously. However, it aims to debate not only the political vision of Europe, but also the issue of legal integration beyond Brexit. Apart from addressing the institutional challenges for the EU, the contributions to this volume focus on two key areas: rule of law and security. Rule of law and security are not only paradigmatic for the future of Europe but are also closely connected to a particular vision of Europe based on 'integration through law'; a vision that has been strongly contested in recent years. The overarching question is: how can sustainable political and legal integration be achieved in Europe? The volume builds on a conference organised by the Swedish Network for European Legal Studies in November 2017 and includes chapters by leading scholars in the field from the Nordic countries and wider Europe".

Author : Christopher J. Bickerton,Dermot Hodson,Uwe Puetter
Publisher : OUP Oxford
Page : 368 pages
File Size : 52,8 Mb
Release : 2015-07-16
Category : Political Science
ISBN : 9780191008641

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The New Intergovernmentalism by Christopher J. Bickerton,Dermot Hodson,Uwe Puetter Pdf

The twenty years since the signing of the Maastricht Treaty have been marked by an integration paradox: although the scope of European Union (EU) activity has increased at an unprecedented pace, this increase has largely taken place in the absence of significant new transfers of power to supranational institutions along traditional lines. Conventional theories of European integration struggle to explain this paradox because they equate integration with the empowerment of specific supranational institutions under the traditional Community method. New governance scholars, meanwhile, have not filled this intellectual void, preferring instead to focus on specific deviations from the Community method rather than theorizing about the evolving nature of the European project. The New Intergovernmentalism challenges established assumptions about how member states behave, what supranational institutions want, and where the dividing line between high and low politics is located, and develops a new theoretical framework known as the new intergovernmentalism. The fifteen chapters in this volume by leading political scientists, political economists, and legal scholars explore the scope and limits of the new intergovernmentalism as a theory of post-Maastricht integration and draw conclusions about the profound state of political disequilibrium in which the EU operates. This book is of relevance to EU specialists seeking new ways of thinking about European integration and policy-making, and general readers who wish to understand what has happened to the EU in the two troubled decades since 1992.