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Beyond Federal Dogmatics [3.95.233.107] Project MUSE (2024-03-19 07:20 GMT) Beyond Federal Dogmatics The Influence of European Union Law on Belgian Constitutional Case Law Regarding Federalism Stef Feyen LEUVEN UNIVERSITY PRESS © 2013 by Leuven University Press / Presses Universitaires de Louvain / Universitaire Pers Leuven. Minderbroedersstraat 4, B-3000 Leuven (België) All rights reserved. Except in those cases expressly determined by law, no part of this publication may be multiplied, saved in an automated datafile or made public in any way whatsoever without the express prior written consent of the publishers. ISBN 978 90 5867 938 3 D / 2013/ 1869 / 17 NUR: 828 Cover design: Friedemann BVBA Typesetting: Friedemann BVBA [3.95.233.107] Project MUSE (2024-03-19 07:20 GMT) Every dogma, every philosophical or theological creed, was at its inception a statement in terms of the intellect of a certain inner experience. Felix Adler, An Ethical Philosophy of Life 344 (1918) We must avoid all dogma that blocks inquiry. Philip Selznick, Sociology and Natural Law, 1961 Natural Law Forum 84, 94 (1961); The Moral Commonwealth: Social Theory and the Promise of Community 21 (1992) Law in action and the norms of law are not two independent spheres of existence, but different sides of one and the same reality. It is possible therefore to speak of two viewpoints, each mutually presupposing each other […] [A] doctrinal study of law which ignores the social function of law must appear unsatisfactory when judged by the criterion of the interest that lies in the predictability of legal decisions […] The judge is not motivated exclusively by the norms of law, but also by the social purposes and the theoretical insight into the social connections relevant to the furtherance of these purposes. For this reason, there [is] a demand for the doctrinal study of law to turn its attention to the realities of social life […] [T]he real content of doctrinal propositions refers to the actions of the courts under certain conditions. Alf Ross, On Law and Justice 19-20, 40 (2004) (1959) ...