Approximative Justice and Cross-Border Evidence in the EU

<p>This book confronts the difficulties raised by cross-border evidence in order to propose a new understanding of justice as approximative.</p><p>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.</p><p>This book will be of interest to readers in legal theory socio-legal studies comparative law and European Union law.</p>