Research Handbook on Legal Pluralism and EU Law
Show Less

Research Handbook on Legal Pluralism and EU Law

Edited by Gareth Davies and Matej Avbelj

The Research Handbook on Legal Pluralism and EU Law explores the diversity of phenomenon of overlapping legal systems within the European Union, the nature of their interactions, and how they deal with the difficult question of the legal hierarchy between them. The contributors reflect on the history, sociology and legal scholarship on constitutional and legal pluralism, and develop this further in the light of the challenges currently facing the EU.
Buy Book in Print
Show Summary Details
You do not have access to this content

Chapter 2: Claim-making and parallel universes: legal pluralism from Church and empire to statehood and the European Union

Poul F. Kjaer


Legal pluralism was traditionally regarded as a ‘non-modern’ and ‘non-European’ phenomenon. It was only in the wake of the deepening of European integration from the Single Market and Economic and Monetary Union onwards that legal pluralism came to be considered a central feature of Europe. This chapter, however, argues that legal pluralism always has been an essential characteristic of modern Europe and of modern European law. That has been the case from the eleventh and twelfth-century Investiture Conflict between Church and Emperor over the overlapping claims of the emerging modern states and various empires until 1918 to the contemporary duality between the EU legal order and Member State legal orders. In other words: overlapping jurisdictions, acting as parallel universes, and mutually exclusive contrafactual claims to supremacy have always been central elements of modern European law.

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.

Further information

or login to access all content.