Date of Award

Fall 2012

Degree Type

Thesis

Degree Name

Master of Philosophy (MA)

Department

Philosophy

Supervisor

Wil Waluchow

Co-Supervisor

Stefan Sciaraffa

Language

English

Committee Member

Violetta Igneski

Abstract

In this work I address a number of important theoretical questions that the institutional order of the European Union (EU) poses for legal theory. I examine Raz’s approach to theorizing legality and several elements of his theory of law, arguing that the institutional structures of the EU resist the Razian theoretical framework. I also explore the inter-institutional theory of law developed by Culver and Giudice, arguing that its conceptual framework needs further development but that the conception of the ordinary law subject it employs is more robust than Raz’s. A significant portion of my work relies on the framework of the indirectly evaluative approach for evaluation of these theories, which was developed by Julie Dickson.

Comments

For "Subject Categories" I entered "European Law". I think that it is the best description, unless there is a category "Legal Philosophy".

McMaster University Library


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