Classical Paradigms and Novel Proposals
The Substance and Effects of EU Law and Jurisprudence under the Social Constructivist Research Agenda
1. What are the puzzles with respect to legislation and jurisprudence?
Legislation is an essential mechanism in the constitution of social reality that is complemented by guiding jurisprudence. Law creates political, economic and societal structures, be it via legal frameworks or detailed demands. The law is perceived as self-evident constitutional part of a society. Thereby it is ignored that the law was created by the people. The significance of self-evidence is termed by German sociologists as ‘Verdinglichung’ [reification] which implies that man is capable of forgetting his own creatorship in the human world (Berger and Luckmann 2010 , 94; Krell 2009, 360). The legal system seems contingent but is at the same time dynamic and it could change or be quite different. Yet, the rule of law has become the key criterion as an indicator of good governance (Bingham 2011).
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