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Social Contract Theory for the European Union

Democracy
European Union
Federalism
Political Theory
Europeanisation through Law
Normative Theory
Demoicracy
Member States
Ana Matan
University of Zagreb
Ana Matan
University of Zagreb
Matej Mikašinović-Komšo
University of Zagreb

Abstract

Despite a very common usage of the concept and the image of a social contract in discussions about the EU, there are surprisingly very few attempts to apply social contract theory to the European Union as a subject. This is even more surprising since it the EU has been often seen as a close approximation of a Kantian peaceful ‘congress of states’ and Kant is a social contract theorist. The paper will thus explore whether the social contract theory applications to the international context - such as John Rawls’ The Law of Peoples - are also suitable for the EU and the theoretical possibilities for a multilevel social contract theory that could include interpersonal, members states and supranational social contracts. Besides Rawlsian approaches, the paper will discuss the more recent developments in social contract theory, that are aiming to develop more realistic social contracts, better suited for today’s diverse and polarized societies. The preliminary hypothesis of the paper is that applying social contract theory to the EU could clarify both the legitimacy and stability issues that have been a continuous challenge for this multinational and multistate polity. Hopefully, a social theory grasp of the EU would also open practical possibilities for a more justified and democratic relationships both between the members states and the citizens of the EU.