Review of Central and East European Law最新文献_第7页

Foreword … in the tradition of liber amicorum 前言…在《爱的自由》的传统中

IF 0.2 4区社会学

Review of Central and East European Law Pub Date : 2020-12-16 DOI: 10.1163/15730352-bja10040

J. Marko, B. Harzl, Aistė Mickonytė

引用次数: 0

Contestation of Kosovo’s Statehood from Within: EULEX Judges Adjudicating Privatization Matters through ‘Status Neutrality’ 从内部争论科索沃的国家地位:欧盟法律委员会法官通过“地位中立”裁决私有化问题

IF 0.2 4区社会学

Review of Central and East European Law Pub Date : 2020-12-16 DOI: 10.1163/15730352-bja10036

K. Istrefi

{"title":"Contestation of Kosovo’s Statehood from Within: EULEX Judges Adjudicating Privatization Matters through ‘Status Neutrality’","authors":"K. Istrefi","doi":"10.1163/15730352-bja10036","DOIUrl":"https://doi.org/10.1163/15730352-bja10036","url":null,"abstract":"\u0000Kosovo’s statehood has been contested by foes as well as friends. Much is known about the former and less about the latter. This contribution explores the contestation of Kosovo’s independence by the judges of the European Union Rule of Law Mission in Kosovo (eulex) working on privatization matters before Kosovo courts. As put by the Constitutional Court of the Republic of Kosovo (kcc), eulex judges working on privatization matters, “simply continued to ignore the existence of Kosovo as an independent State and its legislation emanating from its Assembly”. The kcc stated this after eulex judges working on privatization matters had refused to respect Kosovo laws and institutions subsequent to the 2008 Kosovo Declaration of Independence. This paper explores the judicial dialogue on Kosovo’s independence between eulex judges and the kcc and identifies the limitations and risks of the ‘status neutral’ policy applied by international organizations to collaborate with Kosovar institutions without prejudging its political status. This submission suggests that ‘status neutrality’ leads to either acceptance or contestation of Kosovo’s statehood and thus brings more uncertainty than clarity to Kosovo’s position in international relations.","PeriodicalId":42845,"journal":{"name":"Review of Central and East European Law","volume":"47 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2020-12-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84357869","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Jerzy Wróblewski’s Legal Theory and His Influence on Humanist Legal Thought Jerzy Wróblewski的法学理论及其对人本主义法律思想的影响

IF 0.2 4区社会学

Review of Central and East European Law Pub Date : 2020-06-23 DOI: 10.1163/15730352-bja10004

Marek Zirk-Sadowski

引用次数: 0

Józef Nowacki as a Theoretician of Normativism in Poland Józef波兰规范主义理论家诺瓦茨基

IF 0.2 4区社会学

Review of Central and East European Law Pub Date : 2020-06-23 DOI: 10.1163/15730352-bja10008

Sławomir Tkacz

引用次数: 1

Zygmunt Ziembiński and his Analytical Theory of Law: Formalization of Law as an Instrument to Protect its Minimal Moral Content 齐格蒙特Ziembiński和他的法律分析理论:作为保护其最低道德内容的工具的法律的形式化

IF 0.2 4区社会学

Review of Central and East European Law Pub Date : 2020-06-23 DOI: 10.1163/15730352-bja10006

Marzena Kordela

引用次数: 1

Polish Jurisprudence in the 20th Century: A General Overview 20世纪波兰法理学:概览

IF 0.2 4区社会学

Review of Central and East European Law Pub Date : 2020-06-23 DOI: 10.1163/15730352-04502001

Tomasz Bekrycht, R. Mańko

引用次数: 0

Stanisław Ehrlich’s Critique of Legal Dogmatics: Then and Now Stanisław埃利希对法律教条主义的批判:过去与现在

IF 0.2 4区社会学

Review of Central and East European Law Pub Date : 2020-06-23 DOI: 10.1163/15730352-bja10005

W. Zomerski

{"title":"Stanisław Ehrlich’s Critique of Legal Dogmatics: Then and Now","authors":"W. Zomerski","doi":"10.1163/15730352-bja10005","DOIUrl":"https://doi.org/10.1163/15730352-bja10005","url":null,"abstract":"The main aim of this paper is to reconstruct Stanisław Ehrlich’s critique of legal dogmatics by which he understood a legal discipline that explains in a systematic manner the normative material which consists of description, classification and systematization of norms. As an additional aim of this article is to remind about Ehrlich’s achievements and contribution to the regional legal theory, this is preceded by the author’s biographical note. The reconstruction of Ehrlich’s critique of legal dogmatics consists of three elements. Firstly, I discuss the author’s understanding of legal dogmatics and attitude towards it in the context of the domestic legal theory. Secondly, I consider the theoretical background of Ehrlich’s critique of legal dogmatics and I argue that it might be seen as a part of three broader threads in the author’s writings: realism, decision-focused concept of law and pluralism. Finally, I reconstruct Ehrlich’s critique of legal dogmatics formulated in the 1950s and in the 1960s. This is followed by a brief summary and consideration of Ehrlich’s possible application in the broadly understood legal theory. I shall argue that Ehrlich’s critique of legal dogmatics and his realistic concept of law might be interesting for all who examine the law in its broader social context, looking at it from the external point of view, adopting critical as well as post-analytical attitudes towards the law. As possible fields of Ehrlich’s application, I identify ongoing discussions on rule of law, legal education, adjudication and judicial formalism. I shall also argue that Ehrlich’s realistic concept of the law remains an interesting piece of Central Eastern European critical thought.","PeriodicalId":42845,"journal":{"name":"Review of Central and East European Law","volume":"1 1","pages":"314-333"},"PeriodicalIF":0.2,"publicationDate":"2020-06-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75370577","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

Artur Kozak’s Juriscentrist Concept of Law: a Central European Innovation in Legal Theory 阿图尔·科扎克的法理学法概念:中欧法理学的创新

IF 0.2 4区社会学

Review of Central and East European Law Pub Date : 2020-06-23 DOI: 10.1163/15730352-bja04502003

R. Mańko

{"title":"Artur Kozak’s Juriscentrist Concept of Law: a Central European Innovation in Legal Theory","authors":"R. Mańko","doi":"10.1163/15730352-bja04502003","DOIUrl":"https://doi.org/10.1163/15730352-bja04502003","url":null,"abstract":"Artur Kozak (1960–2009) was one of the most original and innovative philosophers of law to emerge from the so-called ‘middle generation’ of Polish post-War jurisprudence. Kozak’s principal achievement was to break away from the analytical paradigm of legal theory, dominant in the in Poland at the time, and engage legal theory in a fruitful dialogue with contemporary sociology and philosophy, including such currents as social constructionism or postmodernism. To name his original theoretical project, Kozak coined a new term – ‘juriscentrism’ (juryscentryzm), consciously evoking Richard Rorty’s concept of ethnocentrism. Juriscentrist legal theory was mainly focused on providing legitimacy for the newly gained power of the legal community in a post-socialist society, but its theoretical resonance is universal. Kozak’s premature death made it impossible to complete the theoretical project of juriscentrism, nonetheless he managed to elaborate its main tenets, including the concept of juristic discretional power and a juriscentrist concept of law. Kozak’s legacy in contemporary Polish legal theory is particularly visible in Wrocław, where not only the post-analytical paradigm in Poland is the strongest, but also the first Polish school of critical legal theory has","PeriodicalId":42845,"journal":{"name":"Review of Central and East European Law","volume":"4 1","pages":"334-375"},"PeriodicalIF":0.2,"publicationDate":"2020-06-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85601098","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 6

Opałek and Ross on Directives and Norms: A Comparative Study Opałek和罗斯关于指令和规范的比较研究

IF 0.2 4区社会学

Review of Central and East European Law Pub Date : 2020-06-23 DOI: 10.1163/15730352-bja10007

Urszula Kosielinska-Grabowska

引用次数: 0

Jerzy Wróblewski’s Concept of Legal Interpretation in its Axiological and Epistemological Context Jerzy Wróblewski价值论与认识论语境中的法律解释概念

IF 0.2 4区社会学

Review of Central and East European Law Pub Date : 2020-06-23 DOI: 10.1163/15730352-04502002

Tomasz Bekrycht

引用次数: 0