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This article derives theoretical expectations about the importance of nonseparable preferences at EU treaty negotiations. It argues that member states’ positions on the degree of integration depend on the expected reform of the decision rule and vice versa. This nonseparability effect...
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Purpose of the article is to show that while in fundamental constitutional questions we are still attentive to our past, in everyday legal cases we can forget more likely. In my opinion, in case of the post-communist countries it is very dangerous to forget the Past because we have nothing other...
Persistent link: https://www.econbiz.de/10011009548
Purpose – The purpose of this paper is to explore the compatibility of Rawls's account of justice with neoclassical economic theory, upon which Rawls relies strongly. Design/methodology/approach – This question is approached via a comparison of the implicit account of society and social...
Persistent link: https://www.econbiz.de/10010814496
The difficulties of legal theory in coming to terms with transnational law demonstrate how intimately linked to nation-state law many of the supposedly universal concepts of our legal language are. The paper discusses such key concepts as ?transnational law?, ?legal pluralism? and...
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While the globalization of commerce brings up new challenges to legal theory, most legal scholars persist in having abstract discussions about antiquated positivistic and pluralistic concepts of law. In the meantime, scholars from other social sciences, such as economics, political science or...
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