The main subject of the book is the relationship between discursively shaped social relations, entrenched in the principle of mutual recognition, and the need to punish the perpetrators of communication disruption, involving the commission of an offence in multicultural societies. This work analyses the problem of the intercultural nature of legal discourse and the dispute about the universality of human rights. The author raises the question – crucial yet complicated from a legal and, above all, philosophical and ethical perspective – whether Western societies are entitled to judge the representatives of other, distant, and distinct cultures and to subject this judgment to the relevant sanctions. The answer to that question is sought in universal human rights, which – whilst being grounded in human dignity and meeting the standards of civil society – restore confidence of the victims of rights violation in the correctness and effectiveness of the rules governing the modern world. The answer to this question also has an important practical value, since the negative outcome calls into question the jurisdiction of international criminal tribunals.
Bartosz Adam Wojciechowski
Edited by Bartosz Wojciechowski, Piotr W. Juchacz and Karolina Cern
The book tackles significant problems that each historian of law faces in the light of present decline of philosophical, ethical and ideological canons in the overall context of western civilization. The issues discussed in the book manifest themselves in the question whether the «democratic turn» is a real or just a virtue one. Democracy generally means governance by the people – but who are the people? What kind of governance by the people can be claimed as democratic – all of the various types that exist or only a single, chosen one? What – if any – is the normative issue of such a governance? Democracy, after all, is not a simple descriptive model of governance; it is deeply rooted in our preferences and hence normative patterns of conduct, which are not yet to be understood as the norm but rather as founding principles. Democracy is a thoroughly normative model. It is always as constructed and uttered in the picture of life at the same time.
Its Sources, Limits and Identity
Edited by Roman Hauser, Marek Zirk-Sadowski and Bartosz Wojciechowski
The authors focus on the interrelations between the sense of individual identity and the sense of national identity. Their aim is to find a common European legal culture. The processes of Europeanization have been proceeding on the legal level, wherein the CJEU took a prominent role, and on the level of intergovernmental decision-making. In the aftermath, the EU may be comprehended in terms of the rights-based union and problem-solving entity although the emergence of the values-based community has been stymied and the transnational public spheres are rather thin. This caused a democratic deficit and provoked debates about the EU as a post-democratic polity. There are disputes whether this oddity of the EU indicates its nobility or perversion. But the fact remains that the Eurocitizens in their post-sovereign states became lost in the Hegelian extreme terms of the universal-formal rights. Their individual interests made them especially exposed to the shocks of the economic crisis. This makes it necessary to address the issue of the common European constitutional culture.
Marek Zirk-Sadowski, Mariusz Jerzy Golecki and Bartosz Adam Wojciechowski
The contemporary legal theory is gradually departing from traditional theory of the hierarchical legal system. Some authors announce the supposed death of the concept of law within the state. The so-called multicentrism might become an attractive alternative to the traditional monocentric approach. The essence of multicentrism may be characterized as coexistence of many adjudicating bodies, especially courts, whose verdicts are equally effective within the national legal system. Such a situation takes place e. g. within the European legal area where multicentrism could be perceived as the existence of «sensitive» liaisons, entanglements and relations of dependence between the European Court of Human Rights in Strasbourg, the European Court of Justice in Luxemburg and national (especially constitutional) courts in member states. The coexistence of many centres of adjudication may thus become a constant feature of the system of regional and global law.