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Law, Love and Responsibility : A Note on Solidarity in EU Law

Banakar, Reza LU (2018) p.69-83
Abstract
This paper argues that although solidarity was developed as a principle in EU law to enhance the unity and cooperation between the Member States, its viability at the transnational level remains ultimately a function of its efficacy at the micro level of EU citizens. The question at the core of this inquiry concerns, therefore, how micro and macro dimensions of solidarity are related to each other sociologically and what their relationship means for EU law and the EU’s integration policy. The paper begins by taking a closer look at how the notion of solidarity has been conceptualised within sociology and the sociology of law, before examining the role of solidarity in EU law and policy. It concludes by arguing that the crisis of solidarity... (More)
This paper argues that although solidarity was developed as a principle in EU law to enhance the unity and cooperation between the Member States, its viability at the transnational level remains ultimately a function of its efficacy at the micro level of EU citizens. The question at the core of this inquiry concerns, therefore, how micro and macro dimensions of solidarity are related to each other sociologically and what their relationship means for EU law and the EU’s integration policy. The paper begins by taking a closer look at how the notion of solidarity has been conceptualised within sociology and the sociology of law, before examining the role of solidarity in EU law and policy. It concludes by arguing that the crisis of solidarity must be reexamined in the context of the contradictory policies pursued by the EU which, on the one hand, promote social conflicts while, on the other hand, seek to stabilise social conditions by appealing to a European sense of solidarity. This turns the EU into a source of anxiety that generates a negative form of solidarity, one which is tribal in nature and lends itself easily to the populist tide of nationalism and fear that is currently sweeping across Europe. (Less)
Abstract (Swedish)

This paper argues that although solidarity was developed as a principle in EU law to enhance the unity and cooperation between the Member States, its viability at the transnational level remains ultimately a function of its efficacy at the micro level of EU citizens. The question at the core of this inquiry concerns, therefore, how micro and macro dimensions of solidarity are related to each other sociologically and what their relationship means for EU law and the EU’s integration policy. The paper begins by taking a closer look at how the notion of solidarity has been conceptualised within sociology and the sociology of law, before examining the role of solidarity in EU law and policy. It concludes by arguing that the crisis of... (More)

This paper argues that although solidarity was developed as a principle in EU law to enhance the unity and cooperation between the Member States, its viability at the transnational level remains ultimately a function of its efficacy at the micro level of EU citizens. The question at the core of this inquiry concerns, therefore, how micro and macro dimensions of solidarity are related to each other sociologically and what their relationship means for EU law and the EU’s integration policy. The paper begins by taking a closer look at how the notion of solidarity has been conceptualised within sociology and the sociology of law, before examining the role of solidarity in EU law and policy. It concludes by arguing that the crisis of solidarity must be reexamined in the context of the contradictory policies pursued by the EU which, on the one hand, promote social conflicts while, on the other hand, seek to stabilise social conditions by appealing to a European sense of solidarity. This turns the EU into a source of anxiety that generates a negative form of solidarity, one which is tribal in nature and lends itself easily to the populist tide of nationalism and fear that is currently sweeping across Europe.

Keywords: solidarity, EU law, identity politics, human rights, sociology of law, legal philosophy
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Please use this url to cite or link to this publication:
author
organization
publishing date
type
Chapter in Book/Report/Conference proceeding
publication status
published
subject
keywords
solidarity, EU law: EU-rätt, identity politics, Sociology of Law, Socio-Legal Research, Legal Philosophy, Xenophobia, Social integration, Human Rights
host publication
Festskrift till Håkan Hydén
editor
Banakar, Reza ; Dahlstrand, Karl ; Ryberg Welander, Lotti ; ; and
pages
69 - 83
publisher
Juristförlagen i Lund
ISBN
9789154405756
project
Rethinking EU Law
Nya perspektiv på EU-rätten i skuggan av den konstitutionella krisen
language
English
LU publication?
yes
id
8846c301-b31f-42c4-b81f-118d37b9a88f
date added to LUP
2019-02-02 09:24:58
date last changed
2019-02-04 09:56:54
@inbook{8846c301-b31f-42c4-b81f-118d37b9a88f,
  abstract     = {This paper argues that although solidarity was developed as a principle in EU law to enhance the unity and cooperation between the Member States, its viability at the transnational level remains ultimately a function of its efficacy at the micro level of EU citizens. The question at the core of this inquiry concerns, therefore, how micro and macro dimensions of solidarity are related to each other sociologically and what their relationship means for EU law and the EU’s integration policy. The paper begins by taking a closer look at how the notion of solidarity has been conceptualised within sociology and the sociology of law, before examining the role of solidarity in EU law and policy. It concludes by arguing that the crisis of solidarity must be reexamined in the context of the contradictory policies pursued by the EU which, on the one hand, promote social conflicts while, on the other hand, seek to stabilise social conditions by appealing to a European sense of solidarity. This turns the EU into a source of anxiety that generates a negative form of solidarity, one which is tribal in nature and lends itself easily to the populist tide of nationalism and fear that is currently sweeping across Europe. },
  author       = {Banakar, Reza},
  booktitle    = {Festskrift till Håkan Hydén},
  editor       = {Banakar, Reza and Dahlstrand, Karl and Ryberg Welander, Lotti},
  isbn         = {9789154405756},
  language     = {eng},
  pages        = {69--83},
  publisher    = {Juristförlagen i Lund},
  title        = {Law, Love and Responsibility : A Note on Solidarity in EU Law},
  url          = {https://lup.lub.lu.se/search/ws/files/57538141/aaaaSolidarity_to_Strangers_13.pdf},
  year         = {2018},
}