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Law and State

Classical Paradigms and Novel Proposals


Luka Burazin, Đorđe Gardašević and Alessio Sardo

The fifth volume in the series of the Central and Eastern European Forum for Legal, Political, and Social Theory Yearbook addresses two major topics: law and state. The authors shed new light on some of the classical paradigms in the treatment of these highly prominent topics and offer novel proposals on how to best approach them. The contributions were presented and discussed at the 6th CEE Forum, held in 2014 at the Zagreb Faculty of Law (Croatia) and peer-reviewed by international experts in the field. The volume’s six thematic parts reflect the main issues discussed: Law and State, Methodological Approaches, Language and Law, Constitutional and EU Law, Contemporary State, and State and Crisis.
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The Substance and Effects of EU Law and Jurisprudence under the Social Constructivist Research Agenda


1. What are the puzzles with respect to legislation and jurisprudence?

Legislation is an essential mechanism in the constitution of social reality that is complemented by guiding jurisprudence. Law creates political, economic and societal structures, be it via legal frameworks or detailed demands. The law is perceived as self-evident constitutional part of a society. Thereby it is ignored that the law was created by the people. The significance of self-evidence is termed by German sociologists as ‘Verdinglichung’ [reification] which implies that man is capable of forgetting his own creatorship in the human world (Berger and Luckmann 2010 [1980], 94; Krell 2009, 360). The legal system seems contingent but is at the same time dynamic and it could change or be quite different. Yet, the rule of law has become the key criterion as an indicator of good governance (Bingham 2011).

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