The Rule of Law and the Challenges to Jurisprudence: Introduction
The 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. Frankfurt: Peter Lang 2014, pp. 9-13.
5 Pages Posted: 20 Feb 2014
Date Written: February 17, 2014
This is a short introduction to Volume 3 of the Central and Eastern European Forum for Legal and Social Theory Yearbooks, including an overview of the volume and brief remarks on the context. In most countries of the CEE region, the generation for which the pre-1989 authoritarian heritage belongs to the past and the term ‘Europe’ appears as a symbol of powerful political and legal ideals, had more than enough opportunity over the last two decades to realise that neither democracy nor the rule of law can be taken for granted. It seems that when it comes to these two concepts, the unease of many Central and Eastern Europeans is not simply due to a mismatch between ideals and reality or theory and practice. Rather, the malaise stems from a realisation that in spite of many advantages we enjoy simply by virtue of having grown up around or after 1989, this is no time to sit back. If we as scholars and citizens want to think and speak clearly about or effectively take a stand for our political and legal ideals, we need to re ect on them constantly, and conceptualise them in novel ways, by questioning entrenched lines of argument, reformulating old concepts and categories, and problematising established patterns of thought. In one way or another, the contributors to this volume can be seen as doing exactly this. They raise questions and suggest new ideas on ‘The Rule of Law and the Challenges for Jurisprudence’, each on his or her own voice and fromhis or her own perspective. The contributors discuss a wide range of subjects from jurisprudential methodology and legal reasoning through democracy and constitutional courts to rights and criminal justice.
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