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Situating subsidiarity

Abstract:
Subsidiarity is a principle about the ordering of relations between groups. It has a foothold in legal doctrine, most notably in the law of the European Union, but increasingly also in international human rights law. But subsidiarity is at its heart a moral principle about how state and society (and perhaps states and societies plural) should be structured. While its precise content and implications in a range of contexts are certainly contested, at its core the principle requires higher (larger) groups to aid lower (smaller) groups, rather than to obliterate or subsume them. The principle thus recognises the value of a plurality of social groups, of multiple associations in which a measure of self-government is possible.
Publication status:
Published
Peer review status:
Peer reviewed

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Files:
Publisher copy:
10.1093/ajj/auw002

Authors

More by this author
Institution:
University of Oxford
Division:
SSD
Department:
Law
Sub department:
Law Faculty
Role:
Author
More by this author
Institution:
University of Oxford
Division:
SSD
Department:
Law
Sub department:
Law Faculty
Role:
Author


Publisher:
Oxford University Press
Journal:
American Journal of Jurisprudence More from this journal
Volume:
61
Issue:
1
Pages:
5–12
Publication date:
2016-06-22
Acceptance date:
2016-04-22
DOI:
EISSN:
2049-6494
ISSN:
0065-8995


Pubs id:
pubs:617807
UUID:
uuid:ada89aaf-6039-45e1-9d35-40298dbf1d3d
Local pid:
pubs:617807
Source identifiers:
617807
Deposit date:
2016-06-16
ARK identifier:

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