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Book ReviewsCraig, Paul & de Bùrca, Gràinne, EC Law
- Text, Cases & Materials, Oxford: Clarendon Press (1995) cxxvi
+ 1160 pages + Index. This is the true heir to Stein, Hay and Waelbroeck - the celebrated
American casebook long in print when there was no English-speaking Member State
in the Community. It is also a sign of the changing climate of legal education
in Britain. It is both a law book and a book about the law: a student studying
from the Craig and de Bùrca book will emerge with a fine grasp of the
positive law and much more: the book is sensitive to history, to economics (not
enough), to political process and politics, to the social and physical
environment. This is not 'Law and...' it is Law, pure and simple on the
understanding that Law is an academic discipline in which history, politics,
economics and all the rest form an integral part of the discourse. The
distinction thus is not between pure law books and 'Law and ...' books, but
between pure law books and 'Law without ...' books. 'Law without ...' is the
conceit that there is a meaningful legal discourse which would focus
exclusively and self-referentially on formal legal texts. Compare this volume
with the yellow tomes coming out of the Europa Institutes in The Netherlands
and the Atlantic seems narrower than the North Sea. Two additional features are
appealing in this Case and Materials book: frequently, the excerpts are
relatively long, giving students and teachers more to chew on than the supposed
'ratio' of a case. Craig and de Bùrca surely understand the purpose of a casebook as
a tool of education-through- discussion- and- analysis and not as an ersatz
(and inefficient) text book, though they cannot quite commit themselves to that
approach in full. If I had my way, I would make a lot more excerpts even
longer, drop material whose sole purpose is to cover a discrete point of
positive law and rely on an accompanying textbook to take care of 'covering'.
'We Teach Students How to Teach Themselves' should be the motto above every
casebook. Everything follows from that. Maybe as the book acquires adherents,
as it should and no doubt will, it will be easier to become even bolder in
future editions. Second, the notes of the editors are very fine and on occasion
real gems - thinking aloud with the students. I often had the impression that
the authors were really thinking aloud without being sure about the answer
themselves. That is an infectious posture which makes for rich classroom
discussion. Weaknesses? It is silly to expect any Community Law book to cover
all topics today. But it was a real blunder to come out in the first edition
without a comprehensive section on external relations and the Common Commercial
Policy - as if constructing an intellectual fortress Europe. If the book is to
be adopted widely outside Europe that would have to be remedied fast -maybe
before a full new edition comes out. Likewise, a greater sensitivity to the
economics of the Single Market, would have surely prevented the strange
omission of a serious treatment of public procurement - the last bastion of
unadulterated, unashamed, pure and simple State protectionism. All in all, a
very considerable achievement. JHHW
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