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Book
Rechtsprechung in Osteuropa : Studien zum 19. und frühen 20. Jahrhundert
Authors: ---
ISBN: 9783465041689 3465041682 Year: 2012 Volume: 275/1-2 6/1-2 Publisher: Frankfurt am Main Vittorio Klostermann


Book
The judiciary in Central and Eastern Europe : mechanical jurisprudence in transformation?
Author:
ISBN: 9789004175563 9004175563 9786613356994 1283356996 9047429001 9789047429005 Year: 2011 Volume: 61 Publisher: Leiden ; Boston : Martinus Nijhoff Publishers,

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Abstract

One of the most widespread problems in post-Communist countries is the quality of the judiciary. The book argues that these problems are intimately linked to the legal culture of Communist law, that an understanding of post-Communist judges necessarily requires an understanding of their Communist predecessors. There seems to be a deep continuity in the methods of legal reasoning employed by lawyers in the region of East Central Europe, starting in the era of Stalinism of the 1950's up to the current post-Communist period, which continuity is manifested in the problems of 1990's and 2000's. Communist legal culture and its aftermath provide an interesting analysis of the development of legal culture in a long-lasting system which was intellectually almost completely separated from the outside world. The book targets the judicial ideology, the conception of law, and the judicial self-perceptions, which are phenomena most likely to be contained in the deepest level of legal culture, that most resistant to change.

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