The Critical Promise of the New History of European Law

Abstract The articles in this special issue test a range of historiographical assumptions – for example, about periodisation (most importantly when legal integration ‘began’) as well as about the definition of the purported object of study (the seemingly ‘constitutional’ character of the process of European legal integration) – which have been central to the interpretative baseline established by legal scholars and political scientists over the last several decades. Building on a similar critique of that baseline, this article argues that integration can profitably be understood, in legal-historical terms, as a denationalised expression of diffuse and fragmented (that is, ‘administrative’) governance. The basic elements of that governance emerged in Western Europe over the course of the inter-war and post-war decades, and these elements have continued to shape EU legal history up to the present.