East European Faces of Law and Society: Values and Practices

East European Faces of Law and Society: Values and Practices
Author: William B. Simons
Publisher: Martinus Nijhoff Publishers
Total Pages: 380
Release: 2014-10-09
Genre: Law
ISBN: 9004285229

This volume offers readers a multi-layer analysis of issues of law and society in Central and Eastern Europe, Russia, and Ukraine. This collection of thought-provoking essays deals with a wide range of subject matter including constitutional, administrative, civil, and criminal law, as well as aspects of legal culture, corruption, corporate social responsibility, and informal practices of judiciaries. Throughout the volume, readers are given not only a comparative perspective of current practices but are also offered a historical glimpse of law and philosophy in the region. The conclusions and analysis offered by these authors - from the ''East'" as well as from the ''West'' - are supported by survey data, literature, legislation, and court practice in the region and abroad.

Research Handbook on Law, Movements and Social Change

Research Handbook on Law, Movements and Social Change
Author: Steven A. Boutcher
Publisher: Edward Elgar Publishing
Total Pages: 463
Release: 2023-07-01
Genre: Political Science
ISBN: 1789907675

The study of law and social movements provides an ideal lens for rethinking fundamental questions about the relationship between law and power. This Research Handbook takes up that challenge, framing a new, more global, dynamic, reflexive, and contextualised phase of social movement studies.

The Transformation of Property Regimes and Transitional Justice in Central Eastern Europe

The Transformation of Property Regimes and Transitional Justice in Central Eastern Europe
Author: Liviu Damşa
Publisher: Springer
Total Pages: 325
Release: 2017-01-03
Genre: Law
ISBN: 331948530X

This volume examines the property transformations in post-communist Central Eastern Europe (CEE) and focuses on the role of restitution and privatisation in such transformations. It argues that the theorisation of ‘restitution’ in post-communist CEE is incomplete in the transitional justice scholarship and in the literature on correction of historical wrongs. The book also argues that, for a more complete theorisation of (post-communist) restitution, the transformations of property in post-communist societies ought to be studied in a more holistic way. The main legal vehicles used for such transformations, privatisation and restitution, should not be studied separately and in abstract, but in their reciprocal relationship, and in connection to the dimension of justice which each could achieve. Finally, the book integrates ‘privatisation’ in a theory of post-communist transformation of property.

European Legal Cultures in Transition

European Legal Cultures in Transition
Author: Åse B. Grødeland
Publisher: Cambridge University Press
Total Pages: 589
Release: 2015-07-24
Genre: History
ISBN: 1107050359

Provides a novel methodological approach to the study of popular and professional legal culture within the European context.

Hate Speech and Human Rights in Eastern Europe

Hate Speech and Human Rights in Eastern Europe
Author: Viera Pejchal
Publisher: Routledge
Total Pages: 242
Release: 2020-04-03
Genre: Law
ISBN: 1000057690

Hate Speech and Human Rights. Democracies need to understand these terms to properly adapt their legal frameworks. Regulation of hate speech exposes underlining and sometimes invisible societal values such as security and public order, equality and non-discrimination, human dignity, and other democratic vital interests. The spread of hatred and hate speech has intensified in many corners of the world over the last decade and its regulation presents a conundrum for many democracies. This book presents a three-prong theory describing three different but complementary models of hate speech regulation which allows stakeholders to better address this phenomenon. It examines international and national legal frameworks and related case law as well as pertinent scholarly literature review to highlight this development. After a period of an absence of free speech during communism, post-communist democracies have sought to build a framework for the exercise of free speech while protecting public goods such as liberty, equality and human dignity. The three-prong theory is applied to identify public goods and values underlining the regulation of hate speech in the Czech Republic and Slovakia, two countries that share a political, sociological, and legal history, as an example of the differing approaches to hate speech regulation in post-communist societies due to divergent social values, despite identical legal frameworks. This book will be of great interest to scholars of human rights law, lawyers, judges, government, NGOs, media and anyone who would like to understand values that underpin hate speech regulations which reflect values that society cherishes the most.

The Legal Dimension in Cold-War Interactions

The Legal Dimension in Cold-War Interactions
Author:
Publisher: Martinus Nijhoff Publishers
Total Pages: 209
Release: 2012-11-21
Genre: Law
ISBN: 9004203338

This volume offers readers a stimulating perspective on both struggles and cooperation on the Cold-War’s legal front and regard for its political context. It covers the era of Stalinism up to the post-Communist period of the 1990s and 2000s.

"Spirits that I've cited...?" Vladimír Clementis (1902–1952)

Author: Josette Baer
Publisher: Columbia University Press
Total Pages: 356
Release: 2017-10-31
Genre: Biography & Autobiography
ISBN: 383826746X

Baer's biography of the former Czechoslovak foreign minister Vladimír Clementis (1902–1952) is the first historical study on the Communist politician who was executed with Rudolf Slánský and other top Communist Party members after the show trial of 1952. Born in Tisovec, Central Slovakia, Clementis studied law at Charles University in Prague in the 1920s and had his own law firm in Bratislava in the 1930s. After the Munich Agreement of 1938, he went into exile to France and Great Britain, where he worked at the Czechoslovak broadcast at the BBC for the exile government of Edvard Beneš. After the Second World War, Clementis' political career at the Czechoslovak Foreign Ministry blossomed. In 1945, he became Assistant Secretary of State under Foreign Minister Jan Masaryk. After Masaryk's mysterious death in 1948, Clementis was appointed foreign minister. This biography offers an unprecedented insight into the mind of a Slovak leftist intellectual of the interwar generation who died at the command of the comrade he had admired since his youth: Generalissimus Stalin.

Socialism and Legal History

Socialism and Legal History
Author: Ville Erkkilä
Publisher: Routledge
Total Pages: 265
Release: 2020-11-26
Genre: History
ISBN: 1000213730

This book focuses on the way in which legal historians and legal scientists used the past to legitimize, challenge, explain and familiarize the socialist legal orders, which were backed by dictatorial governments. The volume studies legal historians and legal histories written in Eastern European countries during the socialist era after the Second World War. The book investigates whether there was a unified form of socialist legal historiography, and if so, what can be said of its common features. The individual chapters of this volume concentrate on the regimes that situate between the Russian, and later Soviet, legal culture and the area covered by the German Civil Code. Hence, the geographical focus of the book is on East Germany, Russia, the Baltic states, Poland and Hungary. The approach is transnational, focusing on the interaction and intertwinement of the then hegemonic communist ideology and the ideas of law and justice, as they appeared in the writings of legal historians of the socialist legal orders. Such an angle enables concentration on the dynamics between politics and law as well as identities and legal history. Studying the socialist interpretations of legal history reveals the ways in which the 20th century legal scholars, situated between legal renewal and political guidance gave legitimacy to, struggled to come to terms with, and sketched the future of the socialist legal orders. The book will be a valuable resource for academics and researchers working in the areas of Legal History, Jurisprudence and Philosophy of Law and European Studies. The Open Access version of this book, available at https://www.taylorfrancis.com/books/socialism-legal-history-ville-erkkil%C3%A4-hans-peter-haferkamp/e/10.4324/9780367814670?context=ubx&refId=2db6d49f-af1c-4b51-9503-9673a131f541, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.”

Gleaning for Communism

Gleaning for Communism
Author: Xenia A. Cherkaev
Publisher: Cornell University Press
Total Pages: 258
Release: 2023-07-15
Genre: History
ISBN: 150177025X

Gleaning for Communism is a historical ethnography of the property regime upon which Soviet legal scholars legislated a large modern state as a household, with guaranteed rights to a commons of socialist property, rather than private possessions. Starting with former Leningrad workers' everyday stories about smuggling industrial scrap home over factory fences, Xenia Cherkaev traces collectivist ethical logic that was central to this socialist household economy, in theory and practice: from its Stalin-era inception, through Khrushchev's major foregrounding of communist ethics, to Gorbachev's perestroika, which unfurled its grounding tension between the interests of any given collective and of the socialist household economy itself. A story of how the socialist household economy functioned, how it collapsed, and how it was remembered, this book is haunted throughout by a spectral image of the totalitarian state, whose jealous political control over the economy leads it to trample over all that which ought to be private. Underlying this image, and the neoliberal state phobia it justified, is the question of how individual interests ought to relate to the public good in a large modern society, which, it is assumed, cannot possibly function by the non-private logics of householding. This book tells the story of a large modern society that did.