Claim-making and Parallel Universes: The Legal Pluralism of Church, State and Empire in Europe

In Gareth Davies & Matej Avbelj (eds.), Research Handbook on Legal Pluralism and EU Law. Cheltenham: Edward Elgar. pp. 11 - 21 (2018)
Download Edit this record How to cite View on PhilPapers
Abstract
When Neil MacCormick, in the wake of the launch of the Maastricht Treaty on European Union, went “beyond the Sovereign State” in 1993, he fundamentally challenged the heretofore dominant paradigm of legal ordering in the European context which considered law to be singular, unified and confined within sovereign nation states. The original insight of MacCormick might, however, be pushed even further, as a historical re-construction reveals that legal pluralism is not only a trademark of recent historical times, marked by the European integration process, but has also been at the very core of legal evolution in Europe throughout its modern history. The introduction of modern law in Europe can be traced back to the eleventh and twelfth century Investiture Conflict between the Church and the Emperor, a conflict which solidified the existence of two parallel universes of law, one Church-based and one empire-based, both of which rested, in principle, upon mutually exclusive claims to superiority, but which nonetheless became institutionally stabilized in a manner which allowed for mutual co-existence between them. The existence of such parallel universes of law has throughout, also in the “Westphalian world”, been a central characteristic of European law. It is suggested that the current constellation between the EU and its Member States should be viewed in this light.
Categories
(categorize this paper)
PhilPapers/Archive ID
KJACAP-2
Revision history
First archival date: 2017-11-23
Latest version: 1 (2018-05-23)
View upload history
References found in this work BETA

Add more references

Citations of this work BETA

No citations found.

Add more citations

Added to PP index
2017-11-23

Total views
158 ( #24,942 of 48,767 )

Recent downloads (6 months)
14 ( #38,543 of 48,767 )

How can I increase my downloads?

Downloads since first upload
This graph includes both downloads from PhilArchive and clicks to external links.