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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


Edited By 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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This volume is the third in the series of the Central and Eastern European Forum for Legal and Social Theory Yearbooks.

The Forum is an initiative for the cooperation and exchange of ideas among young Central and Eastern European scholars working in the field of legal, political and social theory. It has grown out of a conference held in 2009 in Katowice, Poland, where some of the participants have come to realise that the meeting filled a real gap. The next step was to make the meetings regular and the Forum at least minimally institutionalised.

Establishing the Forum was a response to the dominance of Western European and American scholarship in the field: not so much an attempt to build up a counter-power but to reflect on our problems and to articulate our views in a distinct voice. At the same time, it was also an endeavour to connect those new cohorts of academics whose career started at or after the turn of the millennium. The idea to form a group with a regional and generational character was further stimulated by the need to build a network of researchers who often live in close proximity without knowing of each other’s work. Being part of a diverse and respectful scholarly community where intellectual freedom and honesty reign over hierarchy and cynicism is an experience that is regrettably uncommon in today’s academia – and it is what the Forum strives to facilitate.

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