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Can a jurisprudential approach help lawyers and legal philosophers to understand the sources, organization, and main features of European Community (EC) law? How does the European Court of Justice interpret EC law and justify its decisions? This study examines these questions and related issues--analyzing EC law and the decision-making process of the European Court of Justice from a legal theoretical perspective. The justification of legal decisions is a crucial issue in legal and political theory, with courts achieving legitimation through their practice of justification. This study also assesses the justificatory practice of the European Court of Justice and how its jurisprudential approach contributes to an understanding of European integration.
This book investigates whether a jurisprudential framework can effectively explain the sources, organizational structure, and interpretive methods of European Community law. Joxerramon Bengoetxea, a scholar of legal theory, utilizes a combination of analytical jurisprudence and political theory to evaluate how the European Court of Justice legitimizes its rulings. By examining the court's justificatory practices, the author argues that the court's specific approach to legal reasoning is a primary driver of European integration. The text bridges the gap between abstract legal philosophy and the practical application of law within the European Union.
What You Will Find
Legal scholars and practitioners frequently cite this work as a foundational text for understanding the intersection of judicial reasoning and European institutional development. Experts note the high level of academic density, making it a primary resource for those specializing in the philosophy of law and European Union jurisprudence.
Page Count:
320
Publication Date:
1993-01-01
Publisher:
Oxford University Press
ISBN-10:
0198257171
ISBN-13:
9780198257172
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