Legal Scholarship and External Critique in EU Law

Transformation of Reconstitution of Europe: The Critical Legal Studies Perspective on the Role of Courts in the European Union, Siniša Rodin, ed. (Hart Publishing 2017 Forthcoming)

American University, WCL Research Paper No. 2016-30

Boston Univ. School of Law, Public Law Research Paper No. 16-43

17 Pages Posted: 3 Oct 2016 Last revised: 10 Nov 2016

Daniela Caruso

Boston University School of Law

Fernanda Nicola

American University - Washington College of Law

Date Written: September 28, 2016

Abstract

The propensity to engage in a sustained critique of EU law marbles several contributions in this Volume and certainly animates this chapter. This generally critical stance takes the present stage of legal Europeanization as a fact and aims to make full use of the possibilities for political and social justice it can currently support, but at the same time it decries its many structural and dynamic drawbacks. In doing so, this critical project borrows liberally from CLS without fear of misreading or misappropriation. Irreverence in this context is a feature, not a bug. The CLS toolkit is clearly useful to European scholars, but there is no pretense here of fidelity to the original CLS conception. Transformations can be productive on EU soil, and there is no reason not to utilize, albeit in a different epistemic environment, the motivational force of lessons drawn from far-away places or times.

Keywords: European Union, legal scholarship

Suggested Citation

Caruso, Daniela and Nicola, Fernanda, Legal Scholarship and External Critique in EU Law (September 28, 2016). Transformation of Reconstitution of Europe: The Critical Legal Studies Perspective on the Role of Courts in the European Union, Siniša Rodin, ed. (Hart Publishing 2017 Forthcoming); American University, WCL Research Paper No. 2016-30; Boston Univ. School of Law, Public Law Research Paper No. 16-43. Available at SSRN: https://ssrn.com/abstract=2844747

Daniela Caruso

Boston University School of Law ( email )

765 Commonwealth Avenue
Boston, MA 02215
United States
617-353-7024 (Phone)
617-353-3077 (Fax)

Fernanda Giorgia Nicola (Contact Author)

American University - Washington College of Law ( email )

4300 Nebraska Avenue, NW
Washington, DC 20016
United States

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