a kaleidoscope of people Advocate General Ruiz-Jarabo Colomer recalls inGermany and Denmark v. Commissionthe ancient myth of how feta cheese was made by Cyclops, to assess whether such cheese could be produced outside Greece in modern times: While academics are in the majority when it comes to using alternative sources, they do not have a monopoly.66 The examples from the ECtHR andCJEUshow the need for judges or advocates general to find common points of reference, beyond their national cultural heritage. Their solution is to turn to a more general cultural heritage and philosophical tradition to give their legal argument a wider significance. By recalling the foundations of legal principles or commonly known legends they anchor their legal arguments in something recognizable to the audience. 64 Opinion of Advocate General Sharpston, ECJ C-427/06Birgit Bartsch v Bosch und Siemens Hausgeräte (BSH) Altersfürsorge GmbH(2008), ¶ 45, my emphasis. 65 Opinion of Advocate General Ruiz-Jarabo Colomer, Joined Cases ECJ C-465/02 andC466/02, Federal Republic of Germany and Kingdom of Denmark v. Commission of the European Communities (2005), ¶ 174, my emphasis. 66 See Arold 2014, 135 ff. 315 Homer’s Odyssey recounts how Polyphemus ‘sat down to milk his ewes and bleating goats,which he did methodically, putting her young to each mother as he finished. He then curdled half the white milk, gathered it all up, and stored it in wicker baskets’. In this way the Cyclops, Polyphemus, made the cheese which Ulysses and his men found in the cave. It is not surprising that, in using this method of making cheese, which is very similar to that traditionally used in modern Greece, Polyphemus was unaware of the legal problems which the free movement of that product in the European Community was going to cause at the end of the twentieth century.65 equal treatment with citizens in those respects for metics or slaves. Spartan equality – a rather different model – similarly excluded Helots and slaves. Both (naturally) excluded women.64
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