The construction of European society by European lawyers: a methodological critique

Loughlin, Martin ORCID: 0000-0002-6102-6453 (2025) The construction of European society by European lawyers: a methodological critique. Hague Journal on the Rule of Law. ISSN 1876-4045

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Abstract

Armin von Bogdandy’s recent book is the latest of many attempts, both judicial and scholarly, to conceptualize the European Union as constitutional order founded on the rule of law. This article reviews Bogdandy’s claim that through the processes of European integration European public law has been transformed from a state-centred law of the European powers into a normative structure of a democratic European society. Adopting a methodological critique, the article argues that contrary to his claim to be adopting a ‘Hegelian and anti-Schmittian approach’ Bogdandy’s thesis owes more to Schmitt’s method that he admits and more closely adheres to Kant’s philosophical method than to Hegel.

Item Type:	Article
Additional Information:	© 2025 The Author
Divisions:	Law School
Subjects:	K Law > K Law (General)
Date Deposited:	09 May 2025 20:24
Last Modified:	24 Jun 2025 16:42
URI:	http://eprints.lse.ac.uk/id/eprint/128101

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