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Legal and Political Theory in the Post-National Age

Selected papers presented at the Second Central and Eastern European Forum for Legal, Political and Social Theorists (Budapest, 21-22 May 2010)


Péter Cserne and Miklós Könczöl

In the last decades, regional and global integration processes have made the traditional state-centred view of law less and less obvious. Recent discussions revolve around how to conceptually comprehend, critically reflect on and reasonably control these new developments in the global legal arena. The essays in this volume, written by young Central and Eastern European legal theorists and political scientists, contribute to ongoing discussions in our post-national era. The chapters include conceptual analyses, historical and comparative examples, as well as normative discussions in legal theory, ethics, moral philosophy, constitutional theory, EU law and international relations.
Contents: Péter Cserne/Miklós Könczöl: Introduction – Szilárd Tattay: The subjective concept of right in Francisco Suárez – Goran Dajović: The relationship between rule of recognition and constitutional rules – Máté Paksy: On Hartian questions of legal philosophy – Balázs Fekete: Cultural comparative law? – Antal Szerletics: Paternalism and the virtue of care – András Zétényi: Practical reason and practical reasonableness: Raz and Finnis on the basis of practical philosophy – Marta Soniewicka: The legal challenges to equality and freedom in the age of genomic medicine – Charis Papacharalambous: Joint criminal enterprise: Towards a new concept of criminal participation? – Krisztina Ficsor: The theoretical background of legal formalism – Katalin Kelemen: The road from Common Law to East-Central Europe: The case of the dissenting opinion – Mariusz Jerzy Golecki: Complex laws and self-referential rules: The European legal system between hierarchy and transnational network – Anna Kalisz/Adam Szot: The general clause: A measure of universalising the content of law or an expression of its diversity? On ‘public interest’ and ‘public moral’ clauses – Jürgen Busch/Judith von Schmädel/Kamila Staudigl-Ciechowicz: ‘Peace through Law’: Kelsen’s (and his school’s) struggle for universal peace – Victor Negrescu: The concept of cooperation for development in international relations: Between international public relations and public policies.