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

Afilalo, Ari, Patterson, Dennis and Purnhagen, Kai P. (2014) Statecraft, the Market State and the Development of European Legal Culture In: Towards a European Legal Culture. Nomos/Hart, pp. 277-302. ISBN 9781849464918

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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.

Item Type: Book Section
Divisions : Faculty of Arts and Social Sciences > School of Law
Authors :
NameEmailORCID
Afilalo, AriUNSPECIFIEDUNSPECIFIED
Patterson, Dennisd.patterson@surrey.ac.ukUNSPECIFIED
Purnhagen, Kai P.UNSPECIFIEDUNSPECIFIED
Date : 1 February 2014
Uncontrolled Keywords : legal culture, market-state, EU law, legal theory
Depositing User : Karen Garland
Date Deposited : 07 Dec 2017 15:31
Last Modified : 07 Dec 2017 15:31
URI: http://epubs.surrey.ac.uk/id/eprint/845165

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