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Legal Pluralism as Evolutionary Achievement of Community Law[Note 1. Previous versions of this paper were given at the ...]
Author(s) -
La Torre Massimo
Publication year - 1999
Publication title -
ratio juris
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.344
H-Index - 10
eISSN - 1467-9337
pISSN - 0952-1917
DOI - 10.1111/1467-9337.00118
Subject(s) - polity , normative , monism , pluralism (philosophy) , constitution , legal pluralism , law , sociology , political science , law and economics , epistemology , legal realism , comparative law , philosophy , politics
After the Maastricht and Amsterdam Conferences the European Union can no longer be conceived as an intergovernmental arrangement: It is a polity founded on an “overlapping consensus.” Consequently, to reconstruct the relations between national and Community law, legal monism does not work, neither in its statist, nor in its international version: Legal pluralism is needed, not in a sociological‐descriptive sense, but as a normative criterion by which a judge (and a citizen) must refer to many and various sources of law to settle a dispute. Legal pluralism, however, can operate only under a rule of recognition: a common normative framework within which a reasonable number of sources can be handled. What Europe needs, therefore, is an interactionist constitution, which should emerge through an “open‐ended”discursive process.[Note 2. Abstract by Angelo Salento. ...]