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Statecraft, the Market State and the Development of European Legal CultureAri AfilaloRutgers University - School of Law Dennis PattersonEuropean University Institute; Rutgers University School of Law, Camden; Swansea University School of Law K. P. PurnhagenWageningen UR - Law and Governance Group; Erasmus University of Rotterdam - Rotterdam Institute of Law and Economics April 1, 2012 EUI Working Papers LAW no 2012/10 Abstract: We consider whether the theory of the market-state can explain the features of a common European legal culture. Our thesis is that there is an extant EU legal culture, one which developed through the Europeanisation of law. The distinct European feature of this legal culture is the enforcement of market-state features in EU law. The concept of legal culture needs to be untied from a communitarian view by which culture “provides this group with its identity by establishing internal coherence and external difference, as well as relative consistency over time”. Culture hence needs to be viewed through a decentralized lens. As a nation-state heritage, EU law has developed a legal culture which does not follow purely market-state rationales, but rather balances these rationales against nation-state features such as human rights.
Number of Pages in PDF File: 28 Keywords: legal culture, market-state, EU law, legal theory working papers seriesDate posted: May 29, 2012Suggested CitationContact Information
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