ssrn-id1002202 - Complexity and Cultural Sources of Law in...

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Electronic copy available at: Complexity and Cultural Sources of Law in the EU Context: From the Multilevel Constitutionalism to the Constitutional Synallagma By Giuseppe Martinico Premises and Objectives of the work In this work I will try to analyse the latest trends of the European integration process in light of the notion of complexity, conceived as a bilaterally active relationship between diversities . This notion of complexity comes from a comparison among the different meanings of this word as used in several disciplines (law, physics, mathematics, psychology, philosophy) and recovers the etymological sense of this concept (complexity from Latin complexus = interlaced). The effort to find a common linguistic core could cause ambiguity but I would like to take the risk because only a multidisciplinary approach can “catch” the hidden dimension of the European process I argue that the European Union legal order is a “complex” entity that shares some features with complex systems in natural sciences: non-reducibility , unpredictability , non-reversibility and non- determinability. The aim of this paper is to contribute to the theory of multilevel constitutionalism by completing some points that may have been neglected in Pernice’s reasoning. In the interlaced nature of the EU a very important role is played by the constitutional synallagma, which is the whole of legal and permanent flows which connect the levels (national, international, supranational, subnational), determining the outcome of the coordination process described by Pernice. I will develop my argumentation dividing this work in two parts. In the first part I will try to introduce the notion of complexity while in the second part I will focus on the role of the cultural sources of law in the communication and exchanges among the constitutional levels. A. Diversity and EU Integration Many authors have tried to find the “secret” of the European Constitution (in a “material” sense) starting from the idea of diversity . A confirmation of the rightness of this approach can be found in the maniacal reference to the notion of diversity contained in the Preambles of the Constitutional Treaty: Convinced that, while remaining proud of their own national identities and history, the peoples of Europe are determined to transcend their former divisions and, united ever more closely, to forge a common destiny, Convinced that, thus ‘United in diversity’, Europe offers them the best chance of pursuing, with due regard for the rights of each individual and in awareness of their responsibili- ties towards future generations and the Earth, the great venture which makes of it a special area of human hope. 1
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This note was uploaded on 10/24/2011 for the course SCIENCE PHY 453 taught by Professor Barnard during the Winter '11 term at BYU.

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ssrn-id1002202 - Complexity and Cultural Sources of Law in...

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