Approximative Justice And Cross Border Evidence In The Eu
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Approximative Justice and Cross-Border Evidence in the EU
Author: Anna G. Waldenström
language: en
Publisher: Taylor & Francis
Release Date: 2025-03-25
This book confronts the difficulties raised by cross-border evidence in order to propose a new understanding of justice as approximative. Can there be any common sense of justice across the European Union (EU)? This book takes up this question which is raised directly in cases where the understanding of cross-border evidence encounters national and linguistic differences. The interpretive challenges this introduces impact the possibility of justice in a way that, the book argues, cannot be resolved with recourse to some ideal of harmonization that would simply flatten these differences. Rather, these cases – taken here from Sweden and France – raise a practical, but also a theoretical, question about how justice can be done. In response, the book draws on contemporary theorizations of justice to argue against a common sense of justice in the sense of what would be a correct legal judgment. In its place, the book elaborates an idea of justice that maintains, rather than collapsing, the differences presented in cases of cross-border evidence; and which therefore aims to be ‘approximative,’ or ‘good enough,’ rather than simply correct. This book will be of interest to readers in legal theory, socio-legal studies, comparative law and European Union law.
Approximative Justice and Cross-Border Evidence in the EU
This book confronts the difficulties raised by cross-border evidence in order to propose a new understanding of justice as approximative. Can there be any common sense of justice across the European Union (EU)? This book takes up this question which is raised directly in cases where the understanding of cross-border evidence encounters national and linguistic differences. The interpretive challenges this introduces impact the possibility of justice in a way that, the book argues, cannot be resolved with recourse to some ideal of harmonization that would simply flatten these differences. Rather, these cases - taken here from Sweden and France - raise a practical, but also a theoretical, question about how justice can be done. In response, the book draws on contemporary theorizations of justice to argue against a common sense of justice in the sense of what would be a correct legal judgment. In its place, the book elaborates an idea of justice that maintains, rather than collapsing, the differences presented in cases of cross-border evidence; and which therefore aims to be 'approximative, ' or 'good enough, ' rather than simply correct. This book will be of interest to readers in legal theory, socio-legal studies, comparative law and European Union law.
Transnational Evidence and Multicultural Inquiries in Europe
Author: Stefano Ruggeri
language: en
Publisher: Springer Science & Business Media
Release Date: 2013-12-12
This book deals with the gathering of evidence in cross-border investigations in Europe. The issue of obtaining evidence in and from European countries has been among the most debated issues of EU cross-border cooperation in criminal matters over the last two decades, going through periods of intensive discussions and showing an extraordinary adaptability to the evolution of EU legislation for criminal matters. On the other hand, the prosecution and investigations of cross-border cases pose unprecedented challenges in the European scenario, characterized by the increasing flow and activity of citizens over the territory of more than one country and therefore by the need to lay the foundations of a transcultural criminal justice system. The book analyses this complex topic starting with the current perspectives of EU legislation, thus providing a critical analysis of the legislative initiative aimed at introducing a new tool for gathering almost any type of evidence in other Member States, i.e., the European Investigation Order. On a second level, this study deals with the solution models and human rights challenges posed by the increasingly intensive dialogues between domestic and supranational case laws, and formulates essential guidelines for setting up a fair transnational enquiry system in Europe.