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Law can be looked at from both an internal legal perspective -
reflected in the official discourse supporting legal decisions -
and an external perspective - which is pursued by studies that look
at the law from the outside as the subject of sociological,
economic, or philosophical analysis. This external dimension -
related to extra-legal factors that impact the law, such as the
institutional environment in which the law is applied - is usually
ignored, or not addressed systematically by studies that focus on
the internal perspective. By systematically internalizing these
'external' elements into legal theory and practice, contextual
approaches lead to the development of better descriptive theories
and more attractive normative models of the law, and specifically
EU law, than de-contextualized approaches allow for. Additionally,
contextual approaches are more self-aware than de-contextualized
approaches, since they are able to make sense of the role that
legal practice (by judges, legal practitioners, and academics)
plays in the development of the law. It is through a contextual
approach that Pedro Caro de Sousa develops a general theory of
European constitutional law, in particular free movement law and
the EU fundamental freedoms. As a contribution to the development
of EU constitutionalism, this monograph focuses on the interplay
between the different normative concerns behind the EU's market
freedoms identified in traditional legal discourse and the various
extra-legal and institutional factors that affect how that law is
applied and develops in practice. Moving away from traditional
studies of free movement law, Caro de Sousa's book offers a fresh
approach to free movement law. Rather than proposing normative
approaches, he uses this approach to construct a broader thesis:
that the EU law of free movement can best be understood as
interplay of traditional legal doctrines and practices and the
specific institutional environment where this law is applied and
developed.
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