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2 - Performing Legal Expertise: Reflections on the Construction of Transnational Authority

from Part I - Theorising Legal Expertise

Published online by Cambridge University Press:  13 October 2022

By
Martti Koskenniemi
Edited by
Emilia Korkea-aho  and
Päivi Leino-Sandberg
Emilia Korkea-aho
Affiliation:
University of Eastern Finland
Päivi Leino-Sandberg
Affiliation:
University of Helsinki
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Summary

The essay discusses the character of transnational legal expertise as a practice of making and unmaking of conceptual distinctions and moving between principles that reflect different institutionally embedded legal projects. At the same time, lawyers are trained also to carry out rhetorical performances that create the impression that these countervailing legalities may be stabilized through techniques of balancing. As a consequence, the transnational legal space appears both as a field of struggle and professional solidarity. Even as lawyers regard this as nothing other than a natural feature of the casuistry of the law itself, it alienates lay audiences that have drawn from lawyers’ constant disagreement the conclusion that legal expertise is just a species of elite opinion.

Keywords

Legal expertlegal performanceexpert governancerules and exceptionsbalancing
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Chapter
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Law, Legal Expertise and EU Policy-Making , pp. 19 - 42
Publisher: Cambridge University Press
Print publication year: 2022

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