Prelims; Acknowledgements; Table of Contents; Introduction; Part I. The General Structure of Legal Reasoning; 1. Scientific versus Heuristic Legal Reasoning; 2. The Sources of Linguistic Vagueness; 3. Value Pluralism and Absence of a Hierarchy of Norms; 4. Precedent and the ''No Law'' Situation as Sources of Legal Uncertainty; 5. Legal Reasoning -- The Interpretative Stage; Part II. The Legal Reasoning of the Court of Justice of the EU; 6. Vagueness and Value Pluralism in the Primary Materials of the EU Legal Order; 7. The Legal Reasoning of the Court of Justice I -- The Available Topoi
8. The Legal Reasoning of the Court of Justice II -- The Approach to Precedent9. The Legal Reasoning of the Court of Justice III -- The Cumulative Approach; 10. The Legal Reasoning of the Court of Justice IV -- The In-built Communautaire Tendency of the Cumulative Approach; 11. The Legal Reasoning of the Court of Justice V -- The Steadying Factors; Conclusion; Epilogue; Index
Summary
The Court of Justice has often been characterised both as a motor of integration and a judicial law-maker. This book examines the Court's jurisprudence over more than half a century, and assesses the extent to which this is a fair description