Cookies Policy
X

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Theoretical and Methodological Premises

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

This chapter explores the field of strict law but also seeks to determine whether and what legal and extra-legal phenomena influence this functioning. It widens the perspective in which the law operates by other determinants, be they social, economic, or cultural. Subsequently, the research questions are developed, followed by the methodological design. The overarching theory is too broad to be considered here in greater detail. The theoretical and methodological limitations of the empirical findings are also discussed. A school of New Legal Realism (NLR), which reaches for the theoretical grounds of Legal Realism, has emerged. The chapter explores the way officials behave when faced with questions involving European Union law, which exists in parallel to the national legal order. The main objective of the part of the analysis was to identify and describe features of the legal regime that are relevant to the actions of national judges.

Keywords: European Union law; methodological limitations; national judges; New Legal Realism (NLR); overarching theory

10.1163/9789004261471_003
/content/books/b9789004261471s003
dcterms_subject,pub_keyword
6
3
Loading

Sign-in

Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
     
    National Judges As EU Law Judges: The Polish Civil Law System — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation