Justine Lacroix

Fragmented social relations, the twin demise of authority and tradition, the breakdown of behavioural norms and constraints: all these are the outcome, according to their critics, of the uses and abuses of human rights in contemporary democratic societies. We are, they say, seeing the perverse effects of a 'religion of human rights' to which Europe has rashly devoted its heart and mind; and the supposed burgeoning of rights, which goes hand in hand with an unchecked rise of expectations, is catapulting Western democracies into an age of never-ending demands. This emerged clearly in France in Spring 2013 during the demonstrations against equal marriage ('mariage pour tous') whose opponents deplored the excesses of a movement-driven left striving for an unbounded extension of rights - from the right to same-sex marriage to the enfranchisement of non-nationals or the right of same-sex couples to adopt.

The authors focus on the European Union both as a regional organization with distinctive norms and practices, and as a grouping of states that reflect specific individual traditions and views. The chapter describes two core paradigms: the national and the post‐national. The national paradigm is recognizably realist and state‐centric in approach. It suggests that the focus of external behaviour should be the promotion of order via traditional power‐political means and for traditional state‐based normative ends. The post‐national paradigm, however, reflects a more cosmopolitan understanding of global society in which Europe's institutional and substantive understanding of justice questions can be reflected in its policies beyond EU borders. These propositions are tested in three issue areas. The authors conclude that while the EU may have the capacity to shape an order/justice agenda beyond its borders, its members have not yet agreed what that agenda should be.

This article argues that there is a discrepancy between Jürgen Habermas's initial plea for critical and rational identities and his more recent glorification of the European model. Initially, Constitutional Patriotism could be apprehended as a critical standard for existing political practices. However, Habermas's recent political texts tend to lose all kind of reflexive distance in their apprehension of the European identity — which is presented as distinct and even superior to its counter-model, the US. Such a `Europatriotic' temptation should be resisted. The `thick' European identity advocated by Habermas has no truly federative dimension and could undermine the unique normative potential of a political entity composed of distinct identities. Consequently, the article suggests an elucidation of liberal postnationalism with a view to explaining its refusal to tie Europe's legitimacy to an identification logic