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6 - Determining the Content of the European Consensus Concept

The Hidden Role of Language

from Part I - Understanding European Consensus

Published online by Cambridge University Press:  04 January 2019

Panos Kapotas
Affiliation:
University of Portsmouth
Vassilis P. Tzevelekos
Affiliation:
University of Liverpool
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Summary

This chapter focuses on various connections between the European consensus (EuC) concept and language. It argues, in particular, that scholars’ general perception of language and of using language heavily rests on the ‘Platonic’ assumption that there must always be something in common to all entities that we ordinarily subsume under the same generic name. The assumption is, however, misleading. As the chapter explains, things, properties or facts do usually not get their name on account of their essential characteristics, but on the basis of similarities and affinities that link them to other things, properties or facts bearing the same name. Accordingly, objects allegedly falling under the so-called EuC concept do not necessarily have any common element or essence justifying our practice to denote them by the same term and it is therefore futile to aim the investigation in this direction. The general criticism of the concept, including the so-called anti-majoritarian argument, must be rejected for the same reason.
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Chapter
Information
Building Consensus on European Consensus
Judicial Interpretation of Human Rights in Europe and Beyond
, pp. 120 - 140
Publisher: Cambridge University Press
Print publication year: 2019

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