| ¡°Sozialstaatlichkeit¡± is a collection of essays dedicated to the author of Negative
Freiheitsrechte und gesellschaftliche Selbstorganisation? Reflections on the survival of
welfarism in the postnational constellations after his analyses of globalisation and
Europeanisation? Affirmative references to the Discourse Theory of Law and
Habermasian notions of Proceduralisation at all levels of governance against
¡°Proceduralisation and its use in a post©modern legal policy?¡±. ¡°Are you trying to deliver
something like an Anti©Ladeur.¡± No, neither Sisyphus nor Hercules, let alone Friedrich
Engels, has inspired this essay. Its argument should rather be observed in the spirit of
conflict©of©laws, i.e. of a discipline which accepts as a normative fact that different
academic projects may be worthwhile despite of, or even because of, the differences of
their premises and of the logics of their development, which may be inspired by
complementary perceptions of a common probl¨¦matque.
We will develop our argument in three steps. The first will recall the German Sozialstaats
controversy and its links with the theoretical and methodological debates of the seventies
and eighties (I). We will proceed with a reconstruction of the social deficit of the European
integration project and a critique of the efforts to compensate it through various techniques
promoting social Europe (II). In a third step we will present the conflict of law
alternative to the many suggestions to build on the model of the nation state in the
constitutionalisation of Europe (III). The final sections will deal with the implications of that
approach for Europe¡¯s social deficit (IV) and, albeit very briefly, for the constitutionalisation
process (V). |
Joerges, Christian
2009
in: German Law Journal, Vol. 10, No. 4
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