SPP and Legal Studies Professor Marie-Pierre Granger co-authors a book chapter with Orsolya Salat at Edward Elgar
Marie-Pierre Granger (Associate Professor, SPP and Legal Studies) and Orsolya Salat (Assistant Professor, ELTE and CEU Legal Studies alumna) just published a chapter on 'Framing Justice claims as legal rights: How law (mis)handles injustices?', in the book edited by Trudie Knijn and Dorota Lepianka Justice and Vulnerability in Europe. An Interdisciplinary Approach (Edward Elgar Publishing, 2020).
The book contributes to the understanding of justice in Europe from both a theoretical and empirical perspective. It shows that Europe is falling short of its ideals and justice-related ambitions by repeatedly failing its most vulnerable populations. In their chapter, Granger and Salat tackle classic questions in legal studies: Does law integrate justice considerations - or should it? Can it effectively address injustices through the conferral and enforcement of legal rights? The novelty consists in taking an empirical route in answering these questions, drawing on comparative law research carried as part of the EU funded ETHOS project. Analysing the way different European legal systems formulate (or not) justice claims as legal rights, and how they manage the confrontation between competing conceptions or dimensions of justice, expressed as conflicts between rights, between rights and other legally protected interests, between overlapping and competing legal orders, and between law and politics, we reflect on the implications which this institutionalization of justice through rights has for achieving greater justice in Europe.