Solidarity, Heterarchy, and Political Morality

被引:0
|
作者
Massimo Fichera
机构
[1] University of Helsinki,Faculty of Law
来源
Jus Cogens | 2020年 / 2卷 / 3期
关键词
Constitutional pluralism; Supremacy; Legal positivism; Transnational law; Legal authority;
D O I
10.1007/s42439-020-00019-w
中图分类号
学科分类号
摘要
This article claims that, despite its ambivalent relationship with the heterarchical paradigm, A Union of Peoples is a truly innovative contribution to the complex debate on the European project, especially in the current troubled climate. Its ability to dismantle the prevailing positivist understanding of the interaction between legal orders and to stand out from the overwhelming and often repetitive literature on the philosophy of EU law should be praised. What is especially noteworthy is the idea of “corrective justice.” This notion explains very well the adoption of financial assistance measures as expression of a new form of solidarity, based on the notion of fair redress for a committed wrong, namely the structural deficiencies detectable in the design of the eurozone.
引用
收藏
页码:301 / 311
页数:10
相关论文
共 50 条