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The European Court of Justice (ECJ) has often been characterized both as a motor of integration and a judicial law-maker. To what extent is this a fair description of the ECJ's jurisprudence over more than half a century? This book, divided into two parts, examines this question. Part one develops a new heuristic theory of legal reasoning which argues that legal uncertainty is a pervasive and inescapable feature of primary legal material and judicial reasoning alike, which has its origin in a combination of linguistic vagueness, value pluralism, and rule instability associated with precedent....

Beck provides the first comparative book-length introduction to Kant's and Fichte's theories of freedom, law, and politics, together with an overview of the metaphysical and epistemological edifice underpinning their thinking. He provides a critical analysis of the underlying normative foundations of Kant's and Fichte's theories of rights as the central theme around which the broader discussion is structured. Going against received interpretation and common scholarly opinion, Beck's study demonstrates that Kant's and Fichte's respective theories of law and of natural rights call into...