| Summary: | This contribution develops a methodological reflection on the way in which it is possible to investigate legal knowledge. Firstly, an inquiry into the surface of EU law is proposed: taking seriously the controversy before the judge and surrounding its rulings allow us to see its institutive dimension. Legal concepts are not mere tools, totally under control, used to achieve certain ends defined in other terms, outside the law. They are far more than that : they participate to the constitution of legal and social realities that they pretend to regulate. They enable and limit what participants of a language-game can do, and they can even influence what they may want to do. Secondly, this approach is used to study a conceptual translation that occurs in three rulings of the Court of justice of the European Union dealing with family name.
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