We strive to deliver the best value to our customers and ensure complete satisfaction for all our textbook rentals.
You can return your online books for any reason within our refund period – no questions asked.
Every order is available for express shipping, and return shipping is always free.
You'll be happy with the quality of your books (or we'll ship you another one on our dime).
You can extend your rental up to 14 days – at the same cheap daily rental rate.
If you decide to keep the book it will never cost more than the purchase price.
As always, you have access to over 5 million titles. Plus, you can choose from 5 rental periods, so you only pay for what you’ll use. And if you ever run into trouble, our top-notch U.S. based Customer Service team is ready to help by email, chat or phone.
Supplemental materials are not guaranteed for used textbooks or rentals (access codes, DVDs, workbooks).
The Legal Reasoning of the Court of Justice of the EU (Modern Studies in European Law)
The European Court of Justice (ECJ) has often been characterized both as a motor of integration and a judicial law-maker. To what extent is this a fair description of the ECJ's jurisprudence over more than half a century? This book, divided into two parts, examines this question. Part one develops a new heuristic theory of legal reasoning which argues...
The European Court of Justice (ECJ) has often been characterized both as a motor of integration and a judicial law-maker. To what extent is this a fair description of the ECJ's jurisprudence over more than half a century? This book, divided into two parts, examines this question. Part one develops a new heuristic theory of legal reasoning which argues that legal uncertainty is a pervasive and inescapable feature of primary legal material and judicial reasoning alike, which has its origin in a combination of linguistic vagueness, value pluralism, and rule instability associated with precedent. Part two examines the jurisprudence of the ECJ against this theoretical framework. The book demonstrates that the ECJ's interpretative reasoning is best understood in terms of a tripartite approach whereby the ECJ justifies its decisions in terms of the cumulative weight of purposive, systemic, and literal arguments. That approach is more in line with orthodox legal reasoning in other legal systems than is commonly acknowledged and differs from the approach of other higher, especially constitutional, courts only in degree. It nevertheless leaves the ECJ considerable discretion in determining the relative weight and ranking of the various interpretative criteria from one case to another. The ECJ's exercise of its discretion is best understood in terms of the constraints imposed by the accepted justificatory discourse and certain extra-legal steadying factors of legal reasoning, which include a range of political factors, such as sensitivity to Member States' interests, political fashion, and deference to the 'EU legislator.' In conclusion, case law analysis across most areas of EU law suggests that the ECJ has used the flexibility in its tripartite approach to resolve legal uncertainty in the EU primary materials in a broadly communautaire fashion subject, however, to: 1) regard to the political, constitutional and budgetary sensitivities of Member States; 2) depending on the constraints and extent of interpretative manoeuvre afforded by the degree of linguistic vagueness of the provisions in question, the relative status of and degree of potential conflict between the applicable norms, and the range and clarity of the interpretative topoi available to resolve first-order legal uncertainty; and, finally, 3) bearing in mind the largely unpredictable personal element in all adjudication. (Series: Modern Studies in European Law - Vol. 36)
Out of Stock
We're fresh out of that one today.
So sorry. Try back another time as our inventory fluctuates daily.
Since launching the first textbook rental site in 2006, BookRenter has never wavered from our mission to make education more affordable for all students. Every day, we focus on delivering students the best prices, the most flexible options, and the best service on earth. On March 13, 2012 BookRenter.com, Inc. formally changed its name to Rafter, Inc. We are still the same company and the same people, only our corporate name has changed.