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Vol 23 No 5 May/June 2018

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Drafting Commercial Agreements

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Europe's Other

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ISBN13: 9781855218871
ISBN: 1855218879
Published: March 2000
Publisher: Routledge
Format: Hardback
Price: Out of print

European law is usually taken to embody an unstoppable dynamic of integration and progress. Such assumptions, claim the authors, are rooted firmly in modernist assumptions which avoid the impact of current critical, poststructural and postmodern thought. An encompassing ""idea of Europe"" inhabits EU law and its claims to a supreme, unified and transcendent legal order under the various treaties. It motivates judicial activism by the Court of Justice. One of the primary focuses of this text is on identity and alterity in relation to the constituting of ""Europe"" and its law. The concern is with the ""other"" that ""Europe"" rejects or disowns, yet against which it also assumes its identity.;The volume is divided into three parts. The first four chapters examine the claims of EU law to transcend nation and its connected claims to a coherent and autonomous European identity. At the heart of these claims is the question of the EU's ""postmodernism"". The second part of the book shifts the focus to the negative construction of European identity in EU law through acts of institutional policy aimed at excluding the defining ""other"". The last part of the book moves beyond the borders of EU law to exlore the similarly self-constituting claims made for national laws and for human rights in terms of their Europeanness.

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Part 1 Between modernity and postmodernity: An ever whiter myth - the colonization of modernity in European Community Law, James Henry Bergeron; New Europe and old stories - mythology and legality in the European Union, Peter Fitzpatrick; legal pluralism in the European union, Harm Schepel; Europe's emprise - symbolic economy and the postmodern condition, James Henry Bergeron.
Part 2 European identity in EU Law: understanding the European union/European economic area as systems of functionally different processes, Inger-Johanne Sand; culture in the evolution of European law - panacea in the quest for identity? Valsamis Mitsilegas; the common foreign policy of the EU - reinforcing the European identity? Sionaidh Douglas-Scou; the politics of alterity and exclusion in the European Union, Carole Lyons.
Part 3 European identity in national law and the European Convention: Foucault and the ""illegal alien"" - national identity as focus for distinction and control, Sarah van Walsum; Querelles asks for asylum, Thomas Spijkerboer; legal pluralism in Britain - the rights of Muslims after Rushdie affair, Kathleen M. Moore; the construction of the other in the European human rights enterprise - a narrative about democracy, human rights, the rule of law and my neighbour, Kristina Morvai.