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The Value of a Procedural Rule of Law: A Pragmatist Interactional Theory
In: Forthcoming, Michael Sevel (ed.) Routledge Handbook of the Rule of Law
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The Promise of the Rule of Law Ideal
In: In: Paul van Seters (ed.) The Anthem Companion to Philip Selznick, London: Anthem Press 2021, pp. 111-128
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Commitment to the Rule of Law: From a Political to an Organizational Ideal
In: Guilherme Vasconcelos Vilaca & Maria Varaki (Eds), Ethical leadership in international organizations: Concepts, Narratives, Judgment, anad Assessment, Cambridge University Press 2021, pp. 83-100.
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Expert Accountability and the Rule of Law: Intertwinement of Normative and Functional Standards?
In: In: Alessandra Arcuri and Florin Coman Kund (eds.) Technocracy and multilevel governance: Accountability, governance and expertise. Routledge 2021, pp. 44-61.
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Working paper
Methodologies of Rule of Law Research: Why Legal Philosophy Needs Empirical and Doctrinal Scholarship
In: Law and Philosophy. An International Journal for Jurisprudence and Legal Philosophy 2020, doi: 10.1007/s10982-020-09388-1. Link to open access article: https://link.springer.com/article/10.1007/s10982-020-09388-1
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Value Pluralism and Legal Pluralism: Using Radbruch's Value-based Approach to Law to Understand Global Legal Pluralism
In: Published in Paul Schiff Berman (ed.) Oxford Handbook of Global Legal Pluralism, Oxford University Press 2021, pp. 405-423
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Theoretical and Normative Frameworks for Legal Research: Putting Theory into Practice
In: Law and Method, 2018, DOI: 10.5553/REM/.000031
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Between or Beyond Legal Orders: Questioning the Concept of Legal Order in Light of Interlegality
In: Published in: Jan Klabbers & Gianluigi Palombella, The Challenge of Inter-legality, Cambridge: Cambridge University Press, 2019, pp. 69-88.
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Fragments and Continuities of Law and ICT: A Pragmatist Approach to Understanding Legal Pluralism
In: Forthcoming in Wouter de Been, Payal Arora, Mireille Hildebrandt (eds.) Cross Roads in New Media, Identity and Law: The Shape of Diversity to Come, Palgrave Macmillan 2015, pp. 80-91.
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The Procedural Rule of Law: Examining Waldron's Argument on Dignity and Agency
In: Published in: Annual Review of Law and Ethics, Volume 21, The Rule of Law-Principle, edited by B.S. Byrd, J. Hruschka, and J.C. Joerden, Berlin: Dunckler and Humblot 2013, pp. 133-146.
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The European Union's Rule of Law Agenda: Identifying Its Core and Contextualizing Its Application
In: Mak , E & Taekema , S 2016 , ' The European Union's Rule of Law Agenda: Identifying Its Core and Contextualizing Its Application ' , Hague Journal on the Rule of Law , vol. 8 , no. 1 , pp. 25-50 . https://doi.org/10.1007/s40803-016-0022-1
Monitoring the rule of law performance of EU member states presupposes that the EU has a clear idea of what is meant by the rule of law. Theoretically, however, the conceptualization of this notion has proven difficult, leading to a wide range of differing approaches. Moreover, the application of a common rule of law concept in a multilevel legal context creates its own difficulties. As the starting point for this contribution, we identify a core meaning of the rule of law based on the work of Philip Selznick and Martin Krygier. They see the reduction of the arbitrary use of power as the central value and point to the importance of a contextual approach to realizing that value: reducing arbitrariness may require very different concrete measures from one society to another. We examine what common idea of the rule of law is projected by the European Union in its rule of law agenda, looking specifically at two important instruments, the Justice Scoreboard and the Better Regulation programme. Using the contextual approach to rule of law, we then examine whether the core meaning of this concept is recognizable here, and whether efforts are already made to allow for the inclusion of contextual elements. Our analysis clarifies that the two instruments support the core notion of the rule of law by enhancing the quality of political debates in the EU. However, underlying economic assumptions and approaches as well as political forces form a constant threat to the realization of elements of participation and separation of powers.
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The European Union's Rule of Law Agenda: Identifying its Core and Contextualizing its Application
In: Forthcoming in Hague Journal on the Rule of Law 2016-1
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