European Legal Reasoning: a coherence-based Approach
The power to integrate of the European Union (EU) is after all interlinked to the ability of approximating the different law systems of the member states. On the other side the EU-Treaty stipulates the respect of the national identities of even those states as a core principle (Art. 6 para. 3). Thus a rational manner of law approximation is needed which is sensitive to the law-cultural particularities of the member states. The article tries to develop a coherence-based approach of legal reasoning, which gets the sensitivity looked for by applying the method of comparative law. While differentiating between a horizontal (EU) and a vertical (member states) coherence the method of comparative law can identify meeting points of EU- and member state law. This will, eventually, be demonstrated at the decision of the European Court of Justice (ECJ) in the case of Simone Leitner vs. TUI Germany.
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Document Type: Research Article
Publication date: January 1, 2006
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- Archiv für Rechts- und Sozialphilosophie, edited by authorisation of the International Association for Philosophy of Law and Social Philosophy (IVR), is an international, peer-reviewed journal, first published in 1907. It features original articles on philosophical research on legal and social questions, covering all aspects of social and legal life.
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