Harmonic Law: The Case Against Pluralism

28 Pages Posted: 25 Jun 2011 Last revised: 5 Sep 2011

See all articles by George Letsas

George Letsas

University College London - Faculty of Laws

Date Written: June 25, 2011

Abstract

The paper mounts a critique of ideas of pluralism and judicial dialogue in the European Union. It aims to challenge the orthodox view that legal pluralism in the European Union is an empirical fact, which generates problems of normative conflicts that in turn can be solved through some process of judicial dialogue. The paper argues that this view is premised on a controversial theoretical position about the nature of law, which distorts the normative character of the relationship between different courts in Europe. It then advances an alternative account of law and fundamental rights that both explains why legal conflicts do not exist and offers normative guidance to how European judges and other officials should act.

Keywords: Legal Pluralism, Judicial Dialogue, EU Constitutionalism, Legal Positivism

Suggested Citation

Letsas, George, Harmonic Law: The Case Against Pluralism (June 25, 2011). Available at SSRN: https://ssrn.com/abstract=1872366 or http://dx.doi.org/10.2139/ssrn.1872366

George Letsas (Contact Author)

University College London - Faculty of Laws ( email )

Bentham House
4-8 Endsleigh Gardens
London, WC1E OEG
United Kingdom

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