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9 - Making Sense of Ghostwriters

from Part Five - Conclusion

Published online by Cambridge University Press:  31 March 2022

Tommaso Pavone
Affiliation:
University of Arizona
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Summary

Chapter 9 proposes a normative and historical evaluation of the book's findings. It first considers how lawyers compare to other ghostwriters of institutional change, suggesting that what distinguishes lawyers is their capacity to wield a mediatory, boundary-blurring agency to seize opportunities for change that may be lost upon actors shackled to single institutional settings. It then addresses the ethics of lawyers’ ghostwriting, submitting that while concealed actions pushing the bounds of the acceptable are often necessary to jump-start institutional change, Euro-lawyering became more normatively problematic as it corporatized and stratified access to transnational justice. Finally, the chapter concludes by taking stock in light of the contemporary challenges plaguing the rule of law in Europe. As a wave of illiberalism and constitutional breakdowns has swept some EU member states, Euro-lawyers have gained a new raison d’être in the struggle to reclaim the elusive liberal promise of the judicial construction of Europe.

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The Ghostwriters
Lawyers and the Politics behind the Judicial Construction of Europe
, pp. 307 - 319
Publisher: Cambridge University Press
Print publication year: 2022

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