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Ideology and Private Law: Polish Experiences in the Long 20th Century
This book highlights the ideological aspects influencing the modern shape of private law in Central and Eastern Europe (CEE), examining Poland as a representative example given the shared historical trajectory of the 20th century across this region. In the historico-legal literature currently in international circulation, there is a dearth of studies on the development of modern positive law in CEE countries. This volume therefore aims to bridge this gap and deliver a more profound reflection on the long-term social, economic, and political role of private law in this region.
Velvet Capitalism and the Crisis of Liberal Democracy
This book revisits the embrace of liberal capitalism in post-communist Eastern Europe to show that recent concerns about the rise of populist movements obfuscate the limits and the contradictions inherent in the concept. The imposition of the liberal framework’s economic policies, institutional designs, and ideology across an entire region provides a unique opportunity to show the effects of the European project. Chapter contributors explore how the problems of the framework are most visibly demonstrated in post-communist countries, where the internal tensions of liberal capitalism clash with locally embedded values. Recent research has focused on developments in the region in terms of how...
Fascism and Criminal Law
Fascism was one of the twentieth century's principal political forces, and one of the most violent and problematic. Brutal, repressive and in some cases totalitarian, the fascist and authoritarian regimes of the early twentieth century, in Europe and beyond, sought to create revolutionary new orders that crushed their opponents. A central component of such regimes' exertion of control was criminal law, a focal point and key instrument of State punitive and repressive power. This collection brings together a range of original essays by international experts in the field to explore questions of criminal law under Italian Fascism and other similar regimes, including Franco's Spain, Vargas's Bra...
Revolution, Marxism and Law
This book builds on Head’s previous work on Soviet legal scholar Evgeny Pashukanis, challenging Western academics who separate Pashukanis's theories from the complex realities of the Soviet state's decline under Stalin. It is not, this book argues, possible to analyse the emergence of Pashukanis as a preeminent Soviet legal theorist in the 1920s, and the subsequent retractions and reversals of his theories, outside their historical context. That context includes the prior development of Marxist legal theory, the contradictions and dynamics of the 1917 Russian Revolution, the early achievements of the Soviet state in law-related fields, the emergence of the Stalinist regime, and Pashukanis...
Constitutional Polycrisis and Emergency Constitutionalism
This book offers a range of critical narratives on the interplay between constitutional polycrisis and emergency constitutionalism. They are integrated by the desire to both expose cracks in the current schemes for taming conflict, crisis, and non-normalcy and to demonstrate the constitutional shapes of the emerging post-crisis and post-transition world order. The book shows that a constitutional crisis is a multidimensional phenomenon. It outlines the legal (normative-institutional), socio-legal (empirical, performative, and socio-institutional), theoretical (conceptual and phenomenological), and imaginary dimensions of crisis. The book critically exposes the fallacy of emergency constitutionalism, consisting in the claim that emergency is a temporal and efficient crisis response. It shows that emergency constitutionalism may be the formative tool of a new crisis-borne and emergency-related normalcy. The mission of this book is to raise awareness of the tendencies towards paternalism, emergency governance, and government of fear.
PERSPECTIVES AND APPROACHES IN HISTORICAL RESEARCH
“The volume Perspectives and Approaches in Historical Research brings together the collaborative efforts of young doctoral students from important university centers in Romania, the Republic of Moldova, and Bulgaria, to outline different approaches to researching historical subjects by combining diversified techniques based on interdisciplinarity and pluridisciplinarity. The entire endeavor began in 2020 when the National Conference of the Doctoral School of the Faculty of History, University of Bucharest, was held, an event that expanded in 2022 to include participants from neighboring countries. The good practices shared during these events contributed to the creation of this volume, which, through its historical perspective, presents models for applying academic rigor in historical research.”
Populist Challenges to Constitutional Interpretation in Europe and Beyond
This book explores the relationship between populism or populist regimes and constitutional interpretation used in those regimes. The volume discusses the question of whether contemporary populist governments and movements have developed, or encouraged new and specific constitutional theories, doctrines and methods of interpretation, or whether their constitutional and other high courts continue to use the old, traditional interpretative tools in constitutional adjudication. The book is divided into four parts. Part I contains three chapters elaborating the theoretical basis for the discussion. Part II examines the topic from a comparative perspective, representing those European countries w...
Towards A Jurisprudence of State Communism
More than twenty-five years after the collapse of the Socialist bloc, the nature of the regimes in Eastern Europe between 1945 and 1989 continues to evade the attempts of political theorists and scholars of post-communism to define and classify them. Drawing on philosophical inquiry, jurisprudential analysis and intellectual history, this book traces the impact of communist ideology and practice on legal thought: from its critical roots in the midst of the nineteenth century to its reactionary stand in the later years of the twentieth. Exploring how the communist experience – both in its revolutionary and authoritarian guises – has been articulated within the legal theoretical field, the...
Law and Critique in Central Europe
This book brings together established and emerging legal scholars from Central Europe to explore the sources and potentialities of critical legal scholarship in a Central European setting, the heritage of an authoritarian past and its influence over Central European law and politics, and the strategies of challenging the present legal status quo.
Law, Populism, and the Political in Central and Eastern Europe
This book addresses the variety of right-wing illiberal populism which has emerged in Central and Eastern Europe (CEE). Against the backdrop of weak institutional traditions, frequent and profound transformations, and deep historical traumas affecting the law, politics, economy and society in the region, the book critically examines the entanglements of legality in the region’s transformation from state socialism to neoliberalism and Western-style democracy. Drawing on critical legal theory, as well as legal history, legal theory, sociology of law, history of ideas, anthropology of law, comparative law, and constitutional theory, the book goes beyond conventional analyses to offer an in-depth account of this important contemporary phenomenon. This book will be of interest to legal researchers, especially of a critical or socio-legal perspective, political scientists, sociologists and (legal) historians, as well as policy makers seeking to understand the regional specificity and deeper roots of Central and Eastern European illiberal populism.
