'Soft Law,' 'Hard Law,' and European Integration: Toward a Theory of Hybridity

43 Pages Posted: 29 Nov 2005

See all articles by David M. Trubek

David M. Trubek

University of Wisconsin Law School

M. Patrick Cottrell

Linfield College - Political Science

Mark Nance

North Carolina State University

Date Written: November 2005

Abstract

This paper develops a conceptual framework for the analysis of hard and soft law that is drawn in part from recent work in the field of international relations. We examine the literature on the role of soft law, noting that scholars have approached this phenomenon in very different ways. We seek to unite insights from constructivist and rationalist theories of integration and apply them to the understanding of the role law and other normative orders and governance processes may play in European integration. We deploy this synthesis to analyze the two case studies, employment policy and fiscal policy coordination, exploring the roles that law plays and paying special attention to the operation of hybrid constellations where hard and soft operate in the same policy domain.

Keywords: International Policy, Mobility, Unemployment, Vacancies, Enforcement of Laws

JEL Classification: F42, K33, K40, J60

Suggested Citation

Trubek, David M. and Cottrell, M. Patrick and Nance, Mark, 'Soft Law,' 'Hard Law,' and European Integration: Toward a Theory of Hybridity (November 2005). Univ. of Wisconsin Legal Studies Research Paper No. 1002, Available at SSRN: https://ssrn.com/abstract=855447 or http://dx.doi.org/10.2139/ssrn.855447

David M. Trubek (Contact Author)

University of Wisconsin Law School ( email )

975 Bascom Mall
Madison, WI 53706
United States

M. Patrick Cottrell

Linfield College - Political Science ( email )

United States

Mark Nance

North Carolina State University ( email )

Hillsborough Street
Raleigh, NC 27695
United States

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