Home | Databases | WorldLII | Search | Feedback Edited Legal Collections Data

Corkin, Joseph --- "Who, then, in [European] law, is my neighbour? Limiting the argument from external effects" [2017] ELECD 927; in Bardutzky, Samo; Fahey, Elaine (eds), "Framing the Subjects and Objects of Contemporary EU Law" (Edward Elgar Publishing, 2017) 72

Book Title: Framing the Subjects and Objects of Contemporary EU Law

Editor(s): Bardutzky, Samo; Fahey, Elaine

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781786435736

Section: Chapter 5

Section Title: Who, then, in [European] law, is my neighbour? Limiting the argument from external effects

Author(s): Corkin, Joseph

Number of pages: 31

Abstract/Description:

The chapter traces a growing illiberal nationalist challenge to the Liberal World Order to our diminishing subject-hood; resentment that we are increasingly the object of laws made elsewhere that spill over borders. Various reconstructions of the EU, including constitutional pluralism, conflicts-law constitutionalism and demoicracy, interpret the EU’s legitimating mission as managing interdependence democratically, by obliging formally independent, but factually interdependent, national legal systems to consider their external effects on non-constituents whose dignity demands they are treated as more than mere objects of another’s law. Using a prominent critique of this argument, that it realises political self-determination between states only at its cost within them, and that it embeds neoliberalism, the chapter considers how we might limit it by grounding it in a universal (cosmopolitan) moral theory that also allows for a communitarian impulse to realise ourselves within bordered communities, which can only extend by means of a virtuous circle. Keywords: Political self-determination, factual interdependence, cosmopolitanism, communitarianism