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Pringle And The Nature Of Legal Reasoning, Paul Craig
Pringle And The Nature Of Legal Reasoning, Paul Craig
Articles by Maurer Faculty
The Pringle judgment generated significant academic comment, concerning all aspects of the case. It raises, as will be seen, broader issues as to the nature of legal reasoning and the role played therein by text and background purpose or teleology.
Gunnar Beck is very critical of the CJEU, castigating it for reasoning that is said to be absurd, and accusing it of crossing the line between legal reasoning and political judgment. He is also critical of much academic analysis of the case, contending that this was too uncritical of the Court's judgment, and contending also that the interpretation of the …
Pringle: Legal Reasoning, Text, Purpose And Teleology, Paul Craig
Pringle: Legal Reasoning, Text, Purpose And Teleology, Paul Craig
Articles by Maurer Faculty
The CJEU's judgment in Pringle saved the European Stability Mechanism from invalidity. The result was unsurprising, given that the contrary conclusion would have precipitated further crisis in the financial markets. The judgment is nonetheless highly interesting and not merely for those concerned with this aspect of EU law. This is because it contains much that is of more general relevance for the very nature of legal reasoning, and the blend of text, purpose and teleology that informs legal discourse. This article addresses two of the central claims made in the case.
The first was that the ESM was in reality …