Faculté de droit

How International is the European Legal Order?

Besson, Samantha

In: No Foundations, 2008, vol. 8, p. 50-70

As Kaarlo Tuori has often emphasized, one of the most important challenges the current legal reality in Europe raises for legal theory lies in the integration of autonomous legal orders applying directly to the same people, hence the impact of this European brand of legal pluralism on traditional legal theories. Indeed, as I have argued elsewhere, what is needed in European legal theory is not... Plus

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    Summary
    As Kaarlo Tuori has often emphasized, one of the most important challenges the current legal reality in Europe raises for legal theory lies in the integration of autonomous legal orders applying directly to the same people, hence the impact of this European brand of legal pluralism on traditional legal theories. Indeed, as I have argued elsewhere, what is needed in European legal theory is not only a translation of national concepts into European ones to avoid the dangers of rigid statism and of transposition of statist concepts onto post-national legal realities, but also a radical re-interpretation of national legal concepts themselves and hence a radical re-interpretation of national legal theory into an integrated European legal theory.