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Law, Populism, and the Political in Central and Eastern Europe
This book addresses the variety of right-wing illiberal populism which has emerged in Central and Eastern Europe (CEE). Against the backdrop of weak institutional traditions, frequent and profound transformations, and deep historical traumas affecting the law, politics, economy and society in the region, the book critically examines the entanglements of legality in the region’s transformation from state socialism to neoliberalism and Western-style democracy. Drawing on critical legal theory, as well as legal history, legal theory, sociology of law, history of ideas, anthropology of law, comparative law, and constitutional theory, the book goes beyond conventional analyses to offer an in-depth account of this important contemporary phenomenon. This book will be of interest to legal researchers, especially of a critical or socio-legal perspective, political scientists, sociologists and (legal) historians, as well as policy makers seeking to understand the regional specificity and deeper roots of Central and Eastern European illiberal populism.
Subverting Communism in Romania
Subverting Communism in Romania explores the role of law in everyday life and as a mechanism for social change during early communism in Romania. Mihaela Serban focuses on the regime’s attempts to extinguish private property in housing through housing nationalization and expropriation. This study of early communist law illustrates that law is never just an instrument of state power, particularly over the long term and from a ground up perspective. Even during its most totalitarian phase, communist law enjoyed a certain level of autonomy at the most granular level and consequently was simultaneously a space of state power and resistance to power. The book draws from archives recently made available in Romania, which have opened up new perspectives for understanding a mundane yet crucial part of the modern human experience: one’s home and the institution of private property that often sustains it.
Law, Culture and Identity in Central and Eastern Europe
Mirosław Michał Sadowski is Lecturer at the University of Strathclyde in Glasgow, Scotland; Affiliated Researcher at the Centre for Global Studies, Alberta University in Lisbon, Portugal; Postdoctoral Researcher at CEBRAP – Brazilian Center of Analysis and Planning in São Paulo, Brazil; Research Assistant at the Institute of Legal Sciences, Polish Academy of Sciences in Warsaw, Poland.
The Concept of Dilemma in Legal and Judicial Ethics
Judges and lawyers have to shape their moral competences in order to maintain their professional ethics at a high standard if they want to effectively meet the challenges that modern society will throw at them. This requirement is due to the growing expectation that they will be socially and morally responsible for the law. Thus, the need to place ethics at the heart of legal education, and to make ethical reflection pervasive in academic courses, becomes more obvious every day. Using the concept and examples of moral dilemmas is a way of facilitating this task. The main purpose of this book is to analyse the concept of moral dilemma in context of judicial and legal ethics, and to provide ma...
The Ethical Legitimization of Criminal Law
When creating the norms of criminal law, the legislator should strive for their compatibility with the principle of human dignity while taking into account the ethical legitimacy of criminal law. This thesis is the axis around which The Ethical Legitimization of Criminal Law is constructed. Szczucki shows that criminal law is like a suit; to be a perfect fit, it has to be tailor-made. That is why he argues for three points of reference to guide moral evaluation of criminal law: first, the coherence of the legal system; second, the will of the legislator; and third, the virtues of citizens. Only by analyzing these concepts together in the context of legal culture can one answer the question of what makes good criminal law. The book concludes that an ethical perspective in analyzing, grounding, and evaluating criminal law is inevitable. Appealing to researchers, scholars, and professionals from across the criminal and legal spectrum, this book explores fundamental questions about the nature of ethical perspective in legal analysis.
A Treatise of Legal Philosophy and General Jurisprudence
A Treatise of Legal Philosophy and General Jurisprudence is the first-ever multivolume treatment of the issues in legal philosophy and general jurisprudence, from both a theoretical and a historical perspective. The work is aimed at jurists as well as legal and practical philosophers. Edited by the renowned theorist Enrico Pattaro and his team, this book is a classical reference work that would be of great interest to legal and practical philosophers as well as to jurists and legal scholar at all levels. The work is divided in two parts. The theoretical part (published in 2005), consisting of five volumes, covers the main topics of the contemporary debate; the historical part, consisting of ...
Juristic Concept of the Validity of Statutory Law
This book presents the theory of the validity of legal norms, aimed at the practice of law, in particular the jurisdiction of the constitutional courts. The postpositivist concept of the validity of statutory law, grounded on a critical analysis of the basic theories of legal validity elaborated up to now, is introduced. In the first part of the book a contemporary German nonpositivist conception of law developed by Ralf Dreier and Robert Alexy is analysed in order to answer the question whether the juristic concept of legal validity should include moral standards or criteria. In the second part, a postpositivist concept of legal validity and an innovative model of validity discourse, based on the juristic presumption of the validity of legal norms, are proposed. The book is a work on analytical legal theory, written from a postpositivist, detached point of view.
Legal Reform in the Contemporary Socialist World
Legal Reform in the Contemporary Socialist World explores four decades of legal reform in the socialist countries of China, Vietnam, Laos, North Korea, and Cuba from a comparative perspective. Spanning the late 1970s to the present, it examines various projects, methods, strategies, contents, driving forces, and limitations of legislative reform, administrative reform, judicial reform, and reform of the legal profession. Legal reform in these countries is the project of the political elite to improve the legal system while retaining its core socialist principles. It is carried out through legislative enactments, amendments, and replacements, which the political elite adopt using incremental ...
Postliberal Constitutionalism
This book addresses recent changes in Central and Eastern Europe in order to critically consider the impact of illiberal conservatism on constitutionalism. Right-wing populism and the illiberal constitutionalism of Central and Eastern Europe have challenged both the dominant views of legal scholars and those elements of the legal mainstream that appeared to be firmly entrenched and resistant to change. But, as this book demonstrates, in practical terms, the anti-liberal right has made use of critical methods that were originally conceived as tools for use in emancipatory and left-wing action, absorbing and utilizing a great many of the ideas associated with critical jurisprudential thought. ...
Personhood Beyond Humanism
This book explores the legal conception of personhood in the context of contemporary challenges, such as the status of non-human animals, human-animal biological mixtures, cyborgisation of the human body, or developing technologies based on artificial autonomic agents. It reveals the humanistic assumptions underlying the legal approach to personhood and examines the extent to which they are undermined by current and imminent scientific and technological advances. Further, the book outlines an original conception of non-personal subjecthood so as to provide adequate normative solutions for the problematic status of sentient animals and other kinds of entities. Arguably, non-personal subjects of law should be regarded as holding one right, and only one right - the right to be taken into account.
