Christian Joerges
Biographic Data
| ID | 289439 |
|---|---|
| NAME | Christian Joerges |
| GIVEN NAMES | Christian |
| FAMILY NAME | Joerges |
| SIGNATURE | JOERGES C |
| AFFILIATIONS | University of Bremen |
| VERIFIED | No |
| TOTAL WORKS | 27 |
| TOTAL CITATIONS | 146 |
| WORKS AS AUTHOR | 23 |
| WORKS AS EDITOR | 4 |
| FIRST PUBLICATION YEAR | 1971 |
| LATEST PUBLICATION YEAR | 2023 |
| H-INDEX | 5 |
Transnational constitutionalism – conflicts‐law constitutionalism – economic constitutionalism
Transnational constitutionalism is both a sociological given and a legal challenge. We observe the emergence of ever more legally framed transnational arrangements with ever more power and impact. Do such arrangements deserve to be called legitimate rule in Habermasian terms? Is it at all conceivable that the proprium of law can be defended against the rise of its informal competitors? This article opts for a third way that listens to neither the…
Ernst-Joachim Mestmäcker
Contrary to widely shared perceptions amongst social scientists, Ordoliberalism is essentially a theory of law and society. The core concern of this school of thought is with an ordering of the economy through justiciable legal rules. This ordering is focused on the establishment of markets and the protection of undistorted competition. Economic constitutionalism comprises these ambitions. Elements of this conception were realised in the formativ…
Responding to Socioeconomic Diversity in the European Union (and to Steven Klein’s Essay) with Democracy-Enhancing Conflicts Law
Article Commentary| February 03 2021 Responding to Socioeconomic Diversity in the European Union (and to Steven Klein’s Essay) with Democracy-Enhancing Conflicts Law Collections: Section: Politics, Governance, and the Law Christian Joerges Christian Joerges 1Hertie School, Berlin, Germany; Bremen University, Germany Search for other works by this author on: This Site PubMed Google Scholar [email protected]; [email protected] G…
The Economy as a Polity
Part I - The Economy as a Polity: Renewing a Debate: Theorising the Economy as a Polity: The Point of View of Contemporary Economics The Problmatique of Economic Modernity: Critical Theory, Political Philosophy and the Analysis of Capitalism Civilizational Perspectives on Capitalism One World Or Three?: Globalization and the Future of Welfare Capitalism. Part II - Capitalism, co-ordination, Constitution: Capitalism, Coordination, and Economic Cha…
Cultural Political Economy and Conflicts Law – A new way to approach the Eurozone crisis
The immediate effects of the Euro crisis have been tamed but the crisis has soured the relations between Southern and Northern Member states for many years to come. Comparative political economy explains the frictions between North and South as a result of different institutional configurations of national economies (Varieties of Capitalism), different interests of capital and labor coalitions (growth model perspective) or ideational traditions (…
Jürgen Habermas
In Memoriam
The European Crisis and the Transformation of Transnational Governance
The debate on law, governance and constitutionalism beyond the state is confronted with new challenges. In the EU, confidence in democratic transnational governance has been shaken by the authoritarian and unsocial practices of crisis management. The ambition of this book, which builds upon many years of close co-operation between its contributors, is to promote a viable interdisciplinary alternative to these developments. “Conflicts-law constitu…
Law and Politics in Europe's Crisis
European Integration was constructed as a primarily economic project.In its formative phase ordoliberal scholars started to promote the understanding of the ensemble of European economic freedoms togther with a system of undistorted competition as the legal framework and normative core of the EEC, i.e. as Europe's 'economic' constitution.Economic and Monetary Union as institutionalized by the Maastricht Treaty were expected to complete this proje…
Europas Wirtschaftsverfassung in Der Krise
Das Projekt einer rechtlich strukturierten Integration Europas, das so erfolgreich begonnen hatte, ist in eine unglückselige Schieflage geraten. Die Krisen, die heute die Diskussion um Europa beherrschen, hängen damit zusammen, dass seine Rechtsverfassung der Dynamik, die durch Binnenmarktpolitik in der Ära Jacques Delors in Gang gesetzt wurde, nicht gewachsen war und ist. Dies gilt nicht nur, aber in besonders dramatischer Weise für die Wirtscha…
Rechtsstaat and Social Europe
Will the welfare state survive European Integration? The paper seeks to put this currently intense debate into constitutional perspectives. It starts with a reconstruction of the débat fondateur in post-war Germany on the new Basic Law, which was focused on alleged or real tensions of welfarism with Rechtsstaatlichkeit , the commitment to rule of law. This is the background for the discussion in Section II on legal categories, which Fritz Scharpf…
Schmerzliche Erfahrungen der Vergangenheit“ und der Prozess der Konstitutionalisierung Europas
Der Fortschritt der Integration und die Erweiterung der Union haben das Projekt einer Verfassungsgebung für Europa motiviert. Unabhängig vom Schicksal des von den Staats- und Regierungschefs i.J. 2004 verabschiedeten Verfassungsvertrages bleibt die Suche nach einer konstitutionellen Form der Union auf der Tagesordnung der Europapolitik. Die geschichtliche Bestimmtheit der europäischen Integration und die sich aus ihr ergebenden Belastungen sind i…
"Schmerzliche Erfahrungen der Vergangenheit" und der Prozess der Konstitutionalisierung Europas
Schmerzliche Erfahrungen der Vergangenheit und der Prozess der Konstitutionalisierung Europas
A New Alliance of De-legalisation and Legal Formalism? Reflections on Responses to the Social Deficit of the European Integration Project⋆
This paper will cover a wide range of issues. It will start with a reconstruction of the European Community’s ‘social deficit’, arguing that a credible response to this deficit would be a pre-condition for the democratic legitimacy of the deepened integration project. Such a response can be developed in a re-conceptualisation of European law as a new type of supranational/trans-statal conflict of laws – this is the thesis defended in the second s…
Deliberative Political Processes' Revisited
The 'comitology mode' of decision-making can be interpreted as a response to the non-unitary and non-hierarchical ('heterarchical') nature of the EU. It is of exemplary importance since it represents an institutionalized sui generis response to the regulatory needs of the 'multilevel system of governance sui generis' that characterizes Europe's political economy
Free trade
Free Trade has always been highly contested, but both the arguments about it and the treaties that regulate it have changed dramatically since the Second World War. Under the 1947 General Agreement on Tariffs and Trade (GATT) regime, objections to free trade were essentially economic, and tariffs were a nation state's primary means of protecting its interests. However, by the early 1970s, tariffs had been substantially reduced, and the imposition…
Social Market Economy' as Europe's Social Model
Europe continues to search for its - "European" - social model and the, search seems to become increasingly urgent. It is no longer just the "democratic deficit", but also and alongside it, the "social deficit" of the EU which needs to be cured. That new concern is, in fact, a rejection of the older answers. According to the ordo-liberal interpretation of the European legal order as an "Economic Constitution" and, successively, in the analyses of…
The Darker Side of a Pluralist Heritage
Continuities and Discontinuities in German Legal Thought
Darker Legacies of Law in Europe
Journal Article C. Joerges & N. Singh Ghaleigh (eds.): Darker Legacies of Law in Europe: The Shadow of National Socialism and Fascism Over Europe and its Legal Traditions Get access Darker Legacies of Law in Europe: The Shadow of National Socialism and Fascism Over Europe and its Legal Traditions. Edited by Christian Joerges and Navraj Singh Ghaleigh. Oxford and Portland Oregon: Hart Publishing 2003. Pp. xvi, 416. Detlev F. Vagts Detlev F. Vagts …
From Intergovernmental Bargaining to Deliberative Political Processes
This article argues that the irresistible rise of Comitology is an institutional response to the deep‐seated tensions between the dual supranational and intergovernmentalist structure of the Community on the one hand, and its problem‐solving tasks on the other. Comitology has accordingly provided a forum in which problems are addressed through evolving and novel processes of interest formation and decision‐making. However, neither legal nor polit…
Transforming strategic interaction into deliberative problem-solving
The central argument of this contribution is that core institutional features of the European Community (EC) should be read as supranational versions of deliberationist ideals. After outlining a normative perspective for institutional innovations, we argue that deliberative supranationalism is already more than Utopia. We substantiate this claim by briefly outlining a deliberative supranationalist analysis of comitology in the foodstuffs sector. …
History as Non-History
Critical Legal Theory
Journal Article Critical Legal Theory: An American-German Debate Edited by Christian Joerges and David Trubek Get access Critical Legal Theory: An American-German Debate. Edited by ChristianJoerges and DavidTrubek. Baden-Baden: Nomos Verlagsgesellschaft 1989. Pp. 654. Sean Marie O’Brien Sean Marie O’Brien *Assistant Professor of Philosophy, University of Delaware. Search for other works by this author on: Oxford Academic Google Scholar The Americ…
Transforming strategic interaction into deliberative problem-solving
The central argument of this contribution is that core institutional features of the European Community (EC) should be read as supranational versions of deliberationist ideals. After outlining a normative perspective for institutional innovations, we argue that deliberative supranationalism is already more than Utopia. We substantiate this claim by briefly outlining a deliberative supranationalist analysis of comitology in the foodstuffs sector. …
Deliberative Political Processes' Revisited
The 'comitology mode' of decision-making can be interpreted as a response to the non-unitary and non-hierarchical ('heterarchical') nature of the EU. It is of exemplary importance since it represents an institutionalized sui generis response to the regulatory needs of the 'multilevel system of governance sui generis' that characterizes Europe's political economy
Social Market Economy' as Europe's Social Model
Europe continues to search for its - "European" - social model and the, search seems to become increasingly urgent. It is no longer just the "democratic deficit", but also and alongside it, the "social deficit" of the EU which needs to be cured. That new concern is, in fact, a rejection of the older answers. According to the ordo-liberal interpretation of the European legal order as an "Economic Constitution" and, successively, in the analyses of…
Law and Politics in Europe's Crisis
European Integration was constructed as a primarily economic project.In its formative phase ordoliberal scholars started to promote the understanding of the ensemble of European economic freedoms togther with a system of undistorted competition as the legal framework and normative core of the EEC, i.e. as Europe's 'economic' constitution.Economic and Monetary Union as institutionalized by the Maastricht Treaty were expected to complete this proje…
Rechtsstaat and Social Europe
Will the welfare state survive European Integration? The paper seeks to put this currently intense debate into constitutional perspectives. It starts with a reconstruction of the débat fondateur in post-war Germany on the new Basic Law, which was focused on alleged or real tensions of welfarism with Rechtsstaatlichkeit , the commitment to rule of law. This is the background for the discussion in Section II on legal categories, which Fritz Scharpf…
A New Alliance of De-legalisation and Legal Formalism? Reflections on Responses to the Social Deficit of the European Integration Project⋆
This paper will cover a wide range of issues. It will start with a reconstruction of the European Community’s ‘social deficit’, arguing that a credible response to this deficit would be a pre-condition for the democratic legitimacy of the deepened integration project. Such a response can be developed in a re-conceptualisation of European law as a new type of supranational/trans-statal conflict of laws – this is the thesis defended in the second s…
Free trade
Free Trade has always been highly contested, but both the arguments about it and the treaties that regulate it have changed dramatically since the Second World War. Under the 1947 General Agreement on Tariffs and Trade (GATT) regime, objections to free trade were essentially economic, and tariffs were a nation state's primary means of protecting its interests. However, by the early 1970s, tariffs had been substantially reduced, and the imposition…
Continuities and Discontinuities in German Legal Thought
Zum Funktionswandel des Kollisionsrechts
Zum Funktionswandel des Kollisionsrechts. Die Governmental Interest Analysis und die Krise des Internationalen Privatrechts
Zum Funktionswandel Des Kollisionsrechts
Journal Article Zum Funktionswandel Des Kollisionsrechts. Get access Zum Funktionswandel Des Kollisionsrechts. By Joerges Christian. Berlin/Tübingen: de Gruyter/Mohr (Paul Siebeck), 1971. Pp. 186. Don Berger Don Berger *Professor of Law, University of the Pacific, McGeorge School of Law. Search for other works by this author on: Oxford Academic Google Scholar The American Journal of Comparative Law, Volume 20, Issue 4, Autumn 1972, Pages 728–730,…
Critical Legal Theory
Journal Article Critical Legal Theory: An American-German Debate Edited by Christian Joerges and David Trubek Get access Critical Legal Theory: An American-German Debate. Edited by ChristianJoerges and DavidTrubek. Baden-Baden: Nomos Verlagsgesellschaft 1989. Pp. 654. Sean Marie O’Brien Sean Marie O’Brien *Assistant Professor of Philosophy, University of Delaware. Search for other works by this author on: Oxford Academic Google Scholar The Americ…
History as Non-History
From Intergovernmental Bargaining to Deliberative Political Processes
This article argues that the irresistible rise of Comitology is an institutional response to the deep‐seated tensions between the dual supranational and intergovernmentalist structure of the Community on the one hand, and its problem‐solving tasks on the other. Comitology has accordingly provided a forum in which problems are addressed through evolving and novel processes of interest formation and decision‐making. However, neither legal nor polit…
Transforming strategic interaction into deliberative problem-solving
The central argument of this contribution is that core institutional features of the European Community (EC) should be read as supranational versions of deliberationist ideals. After outlining a normative perspective for institutional innovations, we argue that deliberative supranationalism is already more than Utopia. We substantiate this claim by briefly outlining a deliberative supranationalist analysis of comitology in the foodstuffs sector. …
The Darker Side of a Pluralist Heritage
Continuities and Discontinuities in German Legal Thought
Darker Legacies of Law in Europe
Journal Article C. Joerges & N. Singh Ghaleigh (eds.): Darker Legacies of Law in Europe: The Shadow of National Socialism and Fascism Over Europe and its Legal Traditions Get access Darker Legacies of Law in Europe: The Shadow of National Socialism and Fascism Over Europe and its Legal Traditions. Edited by Christian Joerges and Navraj Singh Ghaleigh. Oxford and Portland Oregon: Hart Publishing 2003. Pp. xvi, 416. Detlev F. Vagts Detlev F. Vagts …
Social Market Economy' as Europe's Social Model
Europe continues to search for its - "European" - social model and the, search seems to become increasingly urgent. It is no longer just the "democratic deficit", but also and alongside it, the "social deficit" of the EU which needs to be cured. That new concern is, in fact, a rejection of the older answers. According to the ordo-liberal interpretation of the European legal order as an "Economic Constitution" and, successively, in the analyses of…
Free trade
Free Trade has always been highly contested, but both the arguments about it and the treaties that regulate it have changed dramatically since the Second World War. Under the 1947 General Agreement on Tariffs and Trade (GATT) regime, objections to free trade were essentially economic, and tariffs were a nation state's primary means of protecting its interests. However, by the early 1970s, tariffs had been substantially reduced, and the imposition…
Deliberative Political Processes' Revisited
The 'comitology mode' of decision-making can be interpreted as a response to the non-unitary and non-hierarchical ('heterarchical') nature of the EU. It is of exemplary importance since it represents an institutionalized sui generis response to the regulatory needs of the 'multilevel system of governance sui generis' that characterizes Europe's political economy
Schmerzliche Erfahrungen der Vergangenheit“ und der Prozess der Konstitutionalisierung Europas
Der Fortschritt der Integration und die Erweiterung der Union haben das Projekt einer Verfassungsgebung für Europa motiviert. Unabhängig vom Schicksal des von den Staats- und Regierungschefs i.J. 2004 verabschiedeten Verfassungsvertrages bleibt die Suche nach einer konstitutionellen Form der Union auf der Tagesordnung der Europapolitik. Die geschichtliche Bestimmtheit der europäischen Integration und die sich aus ihr ergebenden Belastungen sind i…
"Schmerzliche Erfahrungen der Vergangenheit" und der Prozess der Konstitutionalisierung Europas
Schmerzliche Erfahrungen der Vergangenheit und der Prozess der Konstitutionalisierung Europas
A New Alliance of De-legalisation and Legal Formalism? Reflections on Responses to the Social Deficit of the European Integration Project⋆
This paper will cover a wide range of issues. It will start with a reconstruction of the European Community’s ‘social deficit’, arguing that a credible response to this deficit would be a pre-condition for the democratic legitimacy of the deepened integration project. Such a response can be developed in a re-conceptualisation of European law as a new type of supranational/trans-statal conflict of laws – this is the thesis defended in the second s…
Rechtsstaat and Social Europe
Will the welfare state survive European Integration? The paper seeks to put this currently intense debate into constitutional perspectives. It starts with a reconstruction of the débat fondateur in post-war Germany on the new Basic Law, which was focused on alleged or real tensions of welfarism with Rechtsstaatlichkeit , the commitment to rule of law. This is the background for the discussion in Section II on legal categories, which Fritz Scharpf…
Europas Wirtschaftsverfassung in Der Krise
Das Projekt einer rechtlich strukturierten Integration Europas, das so erfolgreich begonnen hatte, ist in eine unglückselige Schieflage geraten. Die Krisen, die heute die Diskussion um Europa beherrschen, hängen damit zusammen, dass seine Rechtsverfassung der Dynamik, die durch Binnenmarktpolitik in der Ära Jacques Delors in Gang gesetzt wurde, nicht gewachsen war und ist. Dies gilt nicht nur, aber in besonders dramatischer Weise für die Wirtscha…
The European Crisis and the Transformation of Transnational Governance
The debate on law, governance and constitutionalism beyond the state is confronted with new challenges. In the EU, confidence in democratic transnational governance has been shaken by the authoritarian and unsocial practices of crisis management. The ambition of this book, which builds upon many years of close co-operation between its contributors, is to promote a viable interdisciplinary alternative to these developments. “Conflicts-law constitu…
Law and Politics in Europe's Crisis
European Integration was constructed as a primarily economic project.In its formative phase ordoliberal scholars started to promote the understanding of the ensemble of European economic freedoms togther with a system of undistorted competition as the legal framework and normative core of the EEC, i.e. as Europe's 'economic' constitution.Economic and Monetary Union as institutionalized by the Maastricht Treaty were expected to complete this proje…
In Memoriam
Jürgen Habermas
The Economy as a Polity
Part I - The Economy as a Polity: Renewing a Debate: Theorising the Economy as a Polity: The Point of View of Contemporary Economics The Problmatique of Economic Modernity: Critical Theory, Political Philosophy and the Analysis of Capitalism Civilizational Perspectives on Capitalism One World Or Three?: Globalization and the Future of Welfare Capitalism. Part II - Capitalism, co-ordination, Constitution: Capitalism, Coordination, and Economic Cha…
Cultural Political Economy and Conflicts Law – A new way to approach the Eurozone crisis
The immediate effects of the Euro crisis have been tamed but the crisis has soured the relations between Southern and Northern Member states for many years to come. Comparative political economy explains the frictions between North and South as a result of different institutional configurations of national economies (Varieties of Capitalism), different interests of capital and labor coalitions (growth model perspective) or ideational traditions (…
Responding to Socioeconomic Diversity in the European Union (and to Steven Klein’s Essay) with Democracy-Enhancing Conflicts Law
Article Commentary| February 03 2021 Responding to Socioeconomic Diversity in the European Union (and to Steven Klein’s Essay) with Democracy-Enhancing Conflicts Law Collections: Section: Politics, Governance, and the Law Christian Joerges Christian Joerges 1Hertie School, Berlin, Germany; Bremen University, Germany Search for other works by this author on: This Site PubMed Google Scholar [email protected]; [email protected] G…
Political science (21 works) · Law (17 works) · Sociology (14 works) · Politics (13 works) · Economics (11 works) · Law (11 works) · European Union Policy and Governance (7 works) · Law and economics (7 works) · Philosophy (7 works) · Democracy (6 works)