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Pluralism and Integrity
Author(s) -
ELEFTHERIADIS PAVLOS
Publication year - 2010
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/j.1467-9337.2010.00459.x
Subject(s) - pluralism (philosophy) , monism , denial , law and economics , european union , political science , value pluralism , flourishing , law , legal pluralism , sociology , epistemology , legal realism , philosophy , economics , comparative law , psychology , politics , psychoanalysis , psychotherapist , economic policy
One of the theoretical developments associated with the law of the European Union has been the flourishing of legal and constitutional theories that extol the virtues of pluralism. Pluralism in constitutional theory is offered in particular as a novel argument for the denial of unity within a framework of constitutional government. This paper argues that pluralism fails to respect the value of integrity. It also shows that at least one pluralist theory seeks to overcome the incoherence of pluralism by implicitly endorsing monism. The integrity and coherence of European law is best preserved by considering that both the national legal order and the international or European legal orders adopt sophisticated views of their own limits.