Law, politics and morality: European perspectives

Více o knize

The teaching and study of law often focus on formal dogma, emphasizing what the law states rather than the instruments for its application, such as legal argumentation and reasoning. This issue extends to the European Union, where little public attention is given to the law from EU institutions or its application. Three critical questions arise: (1) Does legal harmonization among EU countries imply a uniformity in judicial reasoning? (2) How do internal laws of member states interact with European law during application? (3) What is the relationship between the application of law by European legal bodies and national bodies, especially regarding differing levels of individual rights protection? These questions were central to a European congress titled "The Judiciary and its Role in the European Construction Process," held in Girona, Spain, from November 14 to 16, 2002. Funded by the European Commission through the Human Potential Programme, this event was part of the PhD Euroconferences in Legal Philosophy: Current Challenges to the European Legal Thought project. The book compiles the outcomes of this congress, with authors revising their papers based on discussions, rather than simply presenting proceedings.