Journal ArticleDOI
European Legal Systems are not Converging
TLDR
The European Community's early decision to promote economic integration through harmonisation or unification has involved, at both Community and national levels (for the implementation of Community rules in the member States carries the adoption of national rules in all member States), a process of relentless "juridification"; law, in the guise of legislatively or judicially enacted rules, has assumed the role of a steering medium as mentioned in this paper.Abstract:
Since the late 1940s, economic considerations relating to the globalisation of world markets have led an ever larger group of Western European countries to unite in the quest for a supra-national legal order which, in time, generated the European Community. Most of these countries' legal orders claim allegiance to what anglophones are fond of labelling the “civli law” tradition,1 although two common law jurisdictions joined the Community in the early 1970s. The European Community's early decision to promote economic integration (and, later, other types of integration) through harmonisation or unification has involved, at both Community and national levels (for the implementation of Community rules in the member States carries the adoption of national rules in all member States), a process of relentless “juridification”; law, in the guise of legislatively or judicially enacted rules, has assumed the role of a “steering medium”.2 This development was foreseeable: once the interaction among European legal systems had acted as a catalyst for the creation of a supra-system,3 the need to achieve reciprocal compatibility between the infra-systems and the supra-system naturally fostered the development of an extended network of interconnections (such as regulations and directives) which eventually raised the question of further legal integration in the form of a common law of Europe.4read more
Citations
More filters
Journal ArticleDOI
Criticism and the Growth of Knowledge. Edited by I. Lakatos and A. Musgrave. Pp. viii, 282. £3·50, paperback £1. 1970. (Cambridge University Press.)
Action, Criticism and Theory for Music Education
TL;DR: Edwardsville are not liable for any legal actions that may arise involving the article's content, including but not limited to, copyright infringement as discussed by the authors. But they are not responsible for the content of the article.
Posted Content
Subsidiarity as a Structural Principle of International Human Rights Law
TL;DR: In this article, the authors argue that the principle of subsidiarity should be recognized as a structural principle of international human rights law primarily because of the way that it mediates between the universalizing aspirations of human rights and the fact of the diversity of human communities in the world.
Journal ArticleDOI
Subsidiarity as a Structural Principle of International Human Rights Law
TL;DR: The principle of subsidiarity, instead, gives us a conceptual tool to mediate the polarity of pluralism and the common good in a globalized world and helps us make sense of international human rights law as mentioned in this paper.
References
More filters
Book
The Interpretation of Cultures
Richard Fenn,Clifford Geertz +1 more
TL;DR: The INTERPRETATION OF CULTURES CLIFFORD GEERTZ Books files are available at the online library of the University of Southern California as mentioned in this paper, where they can be used to find any kind of Books for reading.
Book
Truth and Method
TL;DR: The ontology of the work of art and its Hermeneutic importance is discussed in this article. But the ontology is not a theory of the human experience, and it does not describe the relationship between art and the human sciences.
The structure of scientific revolutions
TL;DR: The Structure of Scientific Revolutions as mentioned in this paper is a seminal work in the history of science and philosophy of science, and it has been widely cited as a major source of inspiration for the present generation of scientists.
Book
Local Knowledge: Further Essays In Interpretive Anthropology
TL;DR: In this paper, Blurred Genres: The Refiguration of Social Thought, Found in Translation: On the Social History of the Moral Imagination, and From the Natives Point of View: on the Nature of Anthropological Understanding.
Journal ArticleDOI
Criticism and the Growth of Knowledge
Imre Lakatos,Alan Musgrave +1 more
TL;DR: The distinction between normal and revolutionary science hold water as mentioned in this papereyerabend, T. S. Kuhn and T. E. Toulmin have made a distinction between the two categories of science.