Europe, Aporetically: A Common Law Without a Common Discourse

Glanert, Simone (2013) Europe, Aporetically: A Common Law Without a Common Discourse. Erasmus Law Review, 5 (3). ISSN 2210-2671. (The full text of this publication is not available from this repository)

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Abstract

In response to the European Union’s avowed ambition to elaborate a uniform European private law, some critics have maintained that uniformization is illusory on account of the disparities between the governing legal languages within the different Member States. This objection has, in its turn, given rise to an argument according to which uniformization could be ensured through the emergence of a common discourse. It has been said that such outcome is possible even in the absence of a common language. For the proponents of this claim, the theory of communicative action developed by Jürgen Habermas offers significant support. By way of reaction to the common-discourse thesis, this paper proposes to explain why it cannot be sustained and why one cannot usefully draw inspiration from Habermas’s thinking in order to promote a uniform private law within the European Union.

Item Type: Article
Subjects: K Law
Divisions: Faculties > Social Sciences > Kent Law School
Faculties > Social Sciences > Kent Law School > Centre for European and Comparative Law
Depositing User: Jenny Harmer
Date Deposited: 03 Aug 2012 09:16
Last Modified: 12 Aug 2013 09:49
Resource URI: http://kar.kent.ac.uk/id/eprint/30004 (The current URI for this page, for reference purposes)
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