Conflict and Transformation: Essays on European Law and Policy, by Christian Joerges (Oxford, UK: Hart Publishing, 2022, ISBN: 9781509926954); I‐vii+605 pp., £49.99 pb.
Year: 2025
Type: book-review
Abstract: Christian Joerges' latest volume -Conflict and Transformation: Essays on EuropeanLaw and Policyprovides a multidisciplinary exploration of the European Union in the historical and contemporary context.Joerges' key message is one of caution as to the Union's future should we be too optimistic and fail to address its flaws and errors, which, in his view, include the overburdening of law in response to economic crises (Part I, Chapter 3), the neglect of the social dimension of integration (Part IV) and the limitations of the European economic constitution (Part V).In his view, the Union has prioritised market integration at the expense of its social dimension and democratic legitimacy, leading to tension between citizens, member states and the Union.The volume, running to 34 chapters, consists of essays written over three decades and highlights three challenges for the Union moving forward: our faith in the 'integration through law' narrative, the disproportionate emphasis on the economic over the social and political dimensions in the European integration process and the continuing impact of Europe's past on its present and future.The chapters are divided into seven sections examining the interwoven and overlapping nature of these issues.Part I explores the links between European law and political science, before moving to consider the impact of European integration on private law in Part II, followed by discussions on 'social' Europe (Part III) and the evolution of the EU's economic and social model (Parts IV and V).This leads to his argument in Part VI that 'Conflict of Laws' is Europe's constitutional form, echoing its motto of being 'United in Diversity'.While the book is entitled 'Essays on European Law and Policy', it would be more apt to describe many of them as 'German Essays on European Law and Policy'.The essays draw heavily on German legal and economic thought and theory to assess the successes and failures of the Union resulting in an often German-centric perspective and vision.This is most clearly evident in the concluding Part VII that while entitled 'Vergangenheitschuld (guilt about the past) and the duty to remember' focuses largely on Germany's guilt about the past.Furthermore, Joerges' writing style often requires extensive reading and re-reading, and his arguments are conceptually dense and reference a broad range of theoretical and historical sources.Readers unfamiliar with German legal and economic thought may find some sections particularly challenging, as they require some prior knowledge of the key debates in these fields.Yet, Joerges' undeniable strength lies in his strong grip on the theories of European integration across an array of fields, informed by his firm grasp of history, which makes the volume an overall rewarding read.
DOI: 10.1111/jcms.13751
Author: Rónán Riordan
Institution: Maastricht University
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: bronze
OpenAlex ID: W4409177494