Rule of Law in a 'Post-Communist' Legal Pluralism – On the Social Conditions of the Rule of Law from an East-Central European Perspective

Abstract

This paper discusses the problems of the rule of law in the region of East-Central Europe from the aspect of the sociology of law. As a starting point it analyzes the concept of “Post-Communist legal pluralism” on the basis of an article of András Sajó. As a further step it relies on the theory of Semi Autonomous Social Fields (SASF) in order to improve the explanatory value of Sajó’s sociological explanation. In conclusion, the paper points out that the dysfunctions of the rule of law can partially be related to both the excessive power and influence of those SASFs that are able to resist and distort external rules and the underdeveloped nature regional civil society. As John Griffiths explained the local support of the SAFSs – the building blocks of civil society – is indispensable for the “effectiveness of external rules”, that is for the functioning of the rule of law.

Keywords: Central-Europe, East-Central Europe, legal pluralism, Semi Autonomous Social Fields, rule of law