The Legal Reasoning of the Court of Justice of the EU

ISBN: 9781849463232 出版年：2013 页码：486 Gunnar Beck Bloomsbury Publishing

Introduction Part I The General Structure of Legal Reasoning 1: Scientific versus Heuristic Legal Reasoning 2: The Sources of Linguistic Vagueness 3: Value Pluralism and Absence of a Hierarchy of Norms 4: Precedent and the 'No Law' Situation as Sources of Legal Uncertainty 5: Legal Reasoning - The Interpretative Stage Part II The Legal Reasoning of the Court of Justice of the EU 6: Vagueness and Value Pluralism In the Primary Materials of the EU Legal Order 7: The Legal Reasoning of the Court of Justice I - The Available Topoi 8: The Legal Reasoning of the Court of Justice II - The Approach to Precedent 9: The Legal Reasoning of the Court of Justice III - The Cumulative Approach 10: The Legal Reasoning of the Court of Justice IV - The In-Built Communautaire Tendency of the Cumulative Approach 11: The Legal Reasoning of the Court of Justice V - The Steadying Factors