chapter
6 Pages

Intervention 2

Law, Integration and Process
ByZenon Bańkowski

Mac Amhlaigh worries about the way forms of legal positivism misdescribe and hold back a proper understanding of the dynamic of European law and integration. Daniel Augenstein takes up the theme of integration of and through law. Law, just as economics or politics, is one of the systems that need to be integrated across Europe but it also can be seen as the agent of such integration. Grammar is a useful analogy. It is both the constitution of a language in that it makes possible communication in that language and thus in a sense constrains it. But it is also sensitive to, and effected by, it. So the language that grammar makes possible also changes it. This will be greater and lesser in different languages as it will be in different polycentric systems. Turning to grammar, European law functions as a system which supplies the grammar and manages the unity in diversity of the various national systems of law.