Conflict and Transformation

Christian Joerges was Professor of Law and Society at the Hertie School of Governance in Berlin, and Co-Director of the Centre of European Law and Politics at the University of Bremen.

[T]he volume reconstructs the key intellectual debates of the late twentieth and early twenty-first centuries, using a personal and provocative tone that catches the reader’s attention despite the incredible depth of the ideas put forward.

• Introduction: Agenda and Structure of the Volume PART ILEGAL AND POLITICAL SCIENCE1. Introduction: The Contest of Disciplines in the Study of European Integration2. Taking the Law Seriously: On Political Science and the Role of Law in the Process of European Integration 3. ‘Where the Law Runs Out’: The Overburdening of Law and Constitutional Adjudication by the Financial Crisis and Europe’s New Modes of Economic Governance 4. Conclusion – Part I PART IIINTEGRATION AND PRIVATE LAW5. Introduction: Tensions and Affinities Between Private Law and European Market Integration 6. The Science of Private Law and the Nation State 7. The Impact of European Integration on Private Law: Reductionist Perceptions, True Conflicts and a New Constitutional Perspective 8. Private Law in Europe’s Political Economy after the Financial Crisis 9. Conclusion – Part II PART IIISOCIAL REGULATION AND THE TURN TO GOVERNANCE10. Introduction: The Integration Project in the Risk Society 11. Scientific Expertise in Social Regulation and the European Court of Justice: Legal Frameworks for De-nationalised Governance Structures 12. From Intergovernmental Bargaining to Deliberative Political Processes: The Constitutionalisation of Comitology 13. Integration through De-legalisation? 14. Conclusion – Part III PART IVTHE EUROPEAN SOCIAL MODEL: A NEW TYPE OF ‘SOCIAL MARKET ECONOMY’15. Introduction: Problems with ‘Social Europe’ 16. Informal Politics, Formalised Law and the ‘Social Deficit’ of European Integration: Reflections after the Judgments of the ECJ in Viking and Laval 17. Will the Welfare State Survive European Integration? On the Exhaustion of the Legal Conceptualisations of the Integration Project from the Foundational Period and the Search for a New Paradigm 18. How is a Closer Union Conceivable under Conditions of Ever More Socio-Economic and Political Diversity?Constitutionalising Europe’s Unitas in Pluralitate 19. Conclusion – Part IV PART VTHE CONTEST ON THE ECONOMIC CONSTITUTION20. Introduction: ‘The Economic’ in European Legal Scholarship 21. The Market without the State? The ‘Economic Constitution’ of the European Community and the Rebirth of Regulatory Politics 22. What is Left of the European Economic Constitution? A Melancholic Eulogy 23. Europe’s Economic Constitution in Crisis and the Emergence of a New Constitutional Constellation 24. Conclusion – Part V PART VICONFLICTS LAW AS EUROPE’S CONSTITUTIONAL FORM25. Introduction: Semantics and Concepts 26. United in Diversity as Europe’s Vocation and Conflicts Law as Europe’s Constitutional Form 27. The Idea of a Three-Dimensional Conflicts Law as Constitutional Form 28. A Conflicts-Law Response to the Precarious Legitimacy of Transnational Trade Governance 29. Conclusion – Part VI PART VIIVERGANGENHEITSCHULD (GUILT ABOUT THE PAST) AND THE DUTY TO REMEMBER30. ‘Darker Legacies of Law in Europe’ – Problems with a Research Project 31. Continuities and Discontinuities in German Legal Thought 32. Europe a Großraum? Shifting Legal Conceptualisations of the Integration Project 33. Working through ‘Bitter Experiences’ towards a Purified European Identity? A Critique of the Disregard for History in European Constitutional Theory and Practice 34. Conclusion – Part VII Epilogue: Europe’s Crisis and Vocation