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Rule of Law and the Challenges to Jurisprudence : Selected Papers Presented at the Fourth Central and Eastern European Forum for Legal, Political and Social Theorists, Celje, 23-24 March 2012.
Title:
Rule of Law and the Challenges to Jurisprudence : Selected Papers Presented at the Fourth Central and Eastern European Forum for Legal, Political and Social Theorists, Celje, 23-24 March 2012.
Author:
Cserne, Peter.
ISBN:
9783653036176
Personal Author:
Physical Description:
1 online resource (152 pages)
Series:
Central and Eastern European Forum for Legal, Political, and Social Theory Yearbook ; v.3

Central and Eastern European Forum for Legal, Political, and Social Theory Yearbook
Contents:
Cover -- Contents -- Contributors -- Introduction -- Part I Re-reading the Classics -- The Relationship of Natural Law and Natural Rights: Organic, Contingent, or Logically Contradictory? -- Introduction: two fundamental questions -- Two diametrically opposed answers -- The conventional story -- The alternative story -- Conclusion -- References -- International Coercion and the Requirement of an International Rule of Law -- Introduction -- Defining the rule of law -- The international vs. the national realm -- An international rule of law -- Back to the basics: The relationship between law and coercive power -- The international rule of law reconsidered -- Conclusion -- References -- Part II Jurisprudential Methodology -- The Subject Matter of Jurisprudence -- Introduction -- 'Law' -- 'Nature' -- Conclusion -- References -- Is 'Naturalised' Methodology in Legal Theory Helpful? -- Introduction -- The subject of legal theory -- Stages in the construction of analytical legal theory -- Conceptual analysis -- Methodological naturalism -- Concluding remarks: The usefulness of modest methodological naturalism -- References -- Part III Legal Reasoning and Objectivity -- Objectivity as Coherence in Practical Discourse -- Introduction -- Methodology: the bottom-up approach -- 'Meaning in use' based on Langacker's cognitive grammar -- Objectivity of law vs. objectivity in law -- Objectivity as 'legal argument' -- Conclusion -- References -- Court rulings -- Court of Justice of the European Union -- Poland -- Supreme Court of Poland -- Polish Constitutional Tribunal -- Supreme Administrative Court -- Courts of Appeal -- Voivodship Courts -- Part IV Judiciary, Legitimacy, Democracy -- Within Democracy's Reach? Revisiting Some Objections to Judge-made Law -- Introduction -- The foundations of the objection.

Providing context and limiting the scope of the objection -- Can judge-made law fit our constitutional design? (Re)interpreting constitutional and political doctrines -- Conclusion -- References -- Cases -- Slovenian Constitutional Court -- A New Trend in the Debate on Justifying Judicial Review: Considering the Benefits of Judicial Reasoning -- Introduction -- A procedural response to the institutional question -- Waldron's arguments against the judicial mode of moral reasoning -- The benefits of judicial decision-making in constitutional issues -- Conclusion -- References -- Cases -- Hungarian Constitutional Court -- Between Reflexivity and Effectiveness: Dilemmas of the Democratic Legitimacy of Constitutional Justice -- Introduction -- Transformation of the public sphere and the concept of legitimacy -- The difficulties of judicial supremacy: in search for a constitutional judge's legitimacy -- The deliberative turn in the theory of democracy -- Constitutionalism as good governance: towards output legitimacy and effectiveness -- Reflexivity as the missing link -- Two dimensions of reflexivity -- References -- Part V The Boundaries of Criminal Justice -- Shielding Criminal Justice from Politics -- Introduction -- Direct public involvement as a generator of punitiveness -- The benefits of shielding -- Unexplored consequences -- Conclusion -- References -- Introduction of Criminal Law Powers in Other Legal Procedures: A Convenient Bypass for Obtaining Evidence? -- Introduction -- Border powers -- The inviolability of dwellings and privacy and personality rights in the Constitution of Slovenia -- The Relationship between the State Border Control Act and the Criminal Procedure Act -- Conclusion -- References -- Legislation -- Cases -- Slovenia -- United States -- European Court of Human Rights.
Abstract:
Over the last two decades scholars and citizens in Central and Eastern Europe had more than enough opportunity to realise that neither democracy nor the rule of law can be taken for granted. Such a realisation also means that if they want to think and speak clearly about or take a stand for their political and legal ideals, they need to reflect on them constantly, and conceptualise them in novel ways, by questioning entrenched lines of argument and problematising established patterns of thought. The contributors of this volume discuss a wide range of subjects from jurisprudential methodology and legal reasoning through democracy and constitutional courts to rights and criminal justice, raising questions and suggesting new ideas on The Rule of Law and the Challenges to Jurisprudence in Central and Eastern Europe and beyond.
Local Note:
Electronic reproduction. Ann Arbor, Michigan : ProQuest Ebook Central, 2017. Available via World Wide Web. Access may be limited to ProQuest Ebook Central affiliated libraries.
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