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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


Péter Cserne, Miklós Könczöl and Marta Soniewicka

Over the last two decades scholars and citizens in Central and Eastern Europe had more than enough opportunity to realise that neither democracy nor the rule of law can be taken for granted. Such a realisation also means that if they want to think and speak clearly about or take a stand for their political and legal ideals, they need to reflect on them constantly, and conceptualise them in novel ways, by questioning entrenched lines of argument and problematising established patterns of thought. The contributors of this volume discuss a wide range of subjects from jurisprudential methodology and legal reasoning through democracy and constitutional courts to rights and criminal justice, raising questions and suggesting new ideas on «The Rule of Law and the Challenges to Jurisprudence» in Central and Eastern Europe and beyond.
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Within Democracy’s Reach? Revisiting Some Objections to Judge-made Law


Tilen Štajnpihler


There is hardly any doubt that contemporary legal systems of the civil law tradition acknowledge the value and importance of case law. Numerous examples from courts and academia alike demonstrate the need to maintain a relatively stable and coherent judicial practise and emphasise that arguments derived from previous court decisions have a considerable justifying force in subsequent decision-making. This, in turn, implies that the judiciary plays a somewhat creative role in the functioning of a legal system.

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