Analogies of law: Narrative thinking and the post-national polity

At a time when the project of integrating European states through the rule of law is faltering, this paper aims to recover new theoretical resources for invigorating law’s philosophical grounding and its institutional resilience. Complementing scholarship that has turned to different substantive narratives of European integration, the paper considers narrative thinking itself as a mode of post-national social integration, one for which law is essential. Narrative thought—precisely through the lawyerly tool of analogical reasoning—‘slows’ the experience of political time, training one to acknowledge the interdependence of one’s political life among that of others. Drawing on critical legal studies and law and literature, this paper suggests a theoretical framework for more sensitive European jurisprudential practice, at once able to remedy tendencies toward fragmentation, and to retain the EU’s heterarchical character; in short, to think what it means ‘to be together’ differently.