Abstract
What we have so far been looking at so far can be illustrated by a story. When I lived in Italy I was struck by the seeming chaos on the roads. But drivers did not go out to kill pedestrians at, for example, pedestrian crossings or at traffic lights. They never stopped but rather tried, with more or less success, to weave around the pedestrians who would be scared out of their wits. I then visited Germany where I was struck by how different it seemed. How at controlled pedestrian crossings, cars, when signalled to stop, always did so. If there were a green light for the pedestrian, one could boldly cross without looking out for cars. One could, something not possible in Italy, cross the road and not fear the cars. You knew they would stop. However, if you crossed the road on the red, you were dead! You would not be seen because you were crossing the road contrary to the rules. You should not be there, therefore you were not there.
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Thus one view of deconstruction is that one must excavate the principle (the hidden supplement) that is contradictory to the current one and foreground it. For example, to bring forward solidarity rather than individualism in contract. But once that ‘hidden supplement’ is no longer hidden, then presumably the previous one is. What is to stop us applying deconstruction to that? (See Jabbari 1992 )
See the use made of the parables in this book also
See the discussion on inclusive identity above. See Fitzpatrick (2001)
There is a parallel here with the methodology used in cosmological explanations. Much of it seems to be concerned with using computer modelling to produce the conditions that are necessary for a certain theory to be true.
Secretary of State for Transport, ex p Factortame [I991] 3AII ER 769 (Case C221/89) CJEC
Now art. 234 of the Amsterdam Treaty.
I have tried elsewhere, and with others, to apply some of the insights of systems theory to studying the EU. See Bankowski (1977b), Bankowski and Christodoulidis (1998; 1999). See also Bankowski and Scott (1996)
This is like CLS talk of forever sliding from principle to counter principle with no rational criteria of how to do so.
See chapter 4where the claim is made that at times responsive law appear to be just `nice’ repressive
See the discussion of Collins in chapter 9
I am not suggesting that this is what always happens - rather that one can understand aspects of the theory of judicial review in this way.
See Craig and De Burca (1998)
MacComick and Bankowski (1991)
Atiyah and Summers (1987) saw American Law as less formal and more inclined to lift the veil than English law was - the moment when the institution was unpicked and the raw moral data re-evaluated was sooner. Now it would appear that the distance between the systems has changed and one of the reasons for that is the re-ordering of the English legal system through the noise of EC law.
We can also say, following chapter 9, that the indeterminacy of the concept of Europe stems from its application and not its meaning.
See Gestenberg (1998) below
See also Bar kowski and Christodoulidis (1999) where Miller’s argument is discussed in detail.
This is, as Weiler points out, not surprising given the personal backgrounds of, Schuman, De Gasperi, Adenauer and Monnet.
The analogy is not strict because not even the most institutionalised thinks of the Church as the Kingdom of God! It must be noted that this is only one way of looking at the eschatological dimension of the apostolic group and the early church - one which has been characterised as `liberal Protestantism ’ by James Alison (1996). Of course as he acknowledges this has also been a catholic view of the degeneration of the Gospel message by the Church (see Boff 1986).
This is similar to my discussion of the duty/aspiration distinction in chapter 4.
And this is as true for Schroder/Chirac.
See my discussion of Catholic Social Theory in chapter I I. 182 See MacCormick (1993; 1995).
It is important, as we have seen, to see these two as linked. Because peace is not to be just the good order of commodity production, it will have to cope with the genuine problems for order and democracy that a polity, seeing good order as not just something that is to be produced by enforcing the market, raises. Since prosperity will also have to do with self-actualisation and substantive dignity of humans, it will involve intervention in the market. The market will be seen as having boundaries and will not be treated as sacrosanct. This will raise the problems of to deal with the bureaucratic organisations that will inevitably have to arise therefrom and we will deal with that in chapter 11.
Thus arguments for cosmopolitanism which base themselves on something like the ‘world community of human beings’ (see Nussbaum 1996 ) can also exclude if they don’t look beyond. For what makes humans so special? We do not have to postulate beings from the stars to see this. Our present day sensitivity and respect for animals and nature makes the point very clearly. Why should animals be left out? Or for that matter trees? We have seen the rise of transnational organisations that are precisely motivated by that ethical view. We do not have to confine ourselves to animals, for the community of human beings is not as fixed as it appears. What about what some think of as the ’rights of the unbom child’? Is the human community to be seen diachronically or just in single time slices? These questions are important in talking of inter-generational justice as when, for example, we discuss ecological problems and factor in the effect it might have on future generations.
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Bańkowski, Z. (2001). Europe and the Journey. In: Living Lawfully. Law and Philosophy Library, vol 53. Springer, Dordrecht. https://doi.org/10.1007/978-94-017-2099-1_11
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