Towards A Jurisprudence of State Communism

Towards A Jurisprudence of State Communism

Author: Cosmin Cercel

Publisher: Routledge

Published: 2017-11-14

Total Pages: 394

ISBN-13: 1134843240

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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 book addresses two central theoretical lacunae fostered by the historiography of authoritarianism in Central and Eastern Europe: the status of law, and its relationship to the broader ideological framework legitimising authoritarian regimes. Moving beyond the limits of the contemporary discourse on communism – particularly as it is channelled through transitional justice and memory studies – Cosmin Cercel develops a theoretical framework that is able to uncover law’s complicity with the extreme ideologies that dominated Central and Eastern Europe. For it is, he argues, in its recourse to legal concepts that the communist experience raises important jurisprudential questions for our contemporary understanding of law, the limits of state sovereignty, and law’s relationship to historical violence.


Book Synopsis Towards A Jurisprudence of State Communism by : Cosmin Cercel

Download or read book Towards A Jurisprudence of State Communism written by Cosmin Cercel and published by Routledge. This book was released on 2017-11-14 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 book addresses two central theoretical lacunae fostered by the historiography of authoritarianism in Central and Eastern Europe: the status of law, and its relationship to the broader ideological framework legitimising authoritarian regimes. Moving beyond the limits of the contemporary discourse on communism – particularly as it is channelled through transitional justice and memory studies – Cosmin Cercel develops a theoretical framework that is able to uncover law’s complicity with the extreme ideologies that dominated Central and Eastern Europe. For it is, he argues, in its recourse to legal concepts that the communist experience raises important jurisprudential questions for our contemporary understanding of law, the limits of state sovereignty, and law’s relationship to historical violence.


Communism: A Very Short Introduction

Communism: A Very Short Introduction

Author: Leslie Holmes

Publisher: Oxford University Press

Published: 2009-08-27

Total Pages: 177

ISBN-13: 0199551545

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The collapse of communism was one of the most defining moments of the twentieth century. This Very Short Introduction examines the history behind the political, economic, and social structures of communism as an ideology.


Book Synopsis Communism: A Very Short Introduction by : Leslie Holmes

Download or read book Communism: A Very Short Introduction written by Leslie Holmes and published by Oxford University Press. This book was released on 2009-08-27 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt: The collapse of communism was one of the most defining moments of the twentieth century. This Very Short Introduction examines the history behind the political, economic, and social structures of communism as an ideology.


The Communist Theory of Law; 0

The Communist Theory of Law; 0

Author: Hans Kelsen

Publisher: Hassell Street Press

Published: 2021-09-09

Total Pages: 0

ISBN-13: 9781014230515

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This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.


Book Synopsis The Communist Theory of Law; 0 by : Hans Kelsen

Download or read book The Communist Theory of Law; 0 written by Hans Kelsen and published by Hassell Street Press. This book was released on 2021-09-09 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.


The Oxford Handbook of the History of Communism

The Oxford Handbook of the History of Communism

Author: S. A. Smith

Publisher: OUP Oxford

Published: 2014-01-09

Total Pages: 834

ISBN-13: 0191667528

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The impact of Communism on the twentieth century was massive, equal to that of the two world wars. Until the fall of the Soviet Union in 1991, historians knew relatively little about the secretive world of communist states and parties. Since then, the opening of state, party, and diplomatic archives of the former Eastern Bloc has released a flood of new documentation. The thirty-five essays in this Handbook, written by an international team of scholars, draw on this new material to offer a global history of communism in the twentieth century. In contrast to many histories that concentrate on the Soviet Union, The Oxford Handbook of the History of Communism is genuinely global in its coverage, paying particular attention to the Chinese Revolution. It is 'global', too, in the sense that the essays seek to integrate history 'from above' and 'from below', to trace the complex mediations between state and society, and to explore the social and cultural as well as the political and economic realities that shaped the lives of citizens fated to live under communist rule. The essays reflect on the similarities and differences between communist states in order to situate them in their socio-political and cultural contexts and to capture their changing nature over time. Where appropriate, they also reflect on how the fortunes of international communism were shaped by the wider economic, political, and cultural forces of the capitalist world. The Handbook provides an informative introduction for those new to the field and a comprehensive overview of the current state of scholarship for those seeking to deepen their understanding.


Book Synopsis The Oxford Handbook of the History of Communism by : S. A. Smith

Download or read book The Oxford Handbook of the History of Communism written by S. A. Smith and published by OUP Oxford. This book was released on 2014-01-09 with total page 834 pages. Available in PDF, EPUB and Kindle. Book excerpt: The impact of Communism on the twentieth century was massive, equal to that of the two world wars. Until the fall of the Soviet Union in 1991, historians knew relatively little about the secretive world of communist states and parties. Since then, the opening of state, party, and diplomatic archives of the former Eastern Bloc has released a flood of new documentation. The thirty-five essays in this Handbook, written by an international team of scholars, draw on this new material to offer a global history of communism in the twentieth century. In contrast to many histories that concentrate on the Soviet Union, The Oxford Handbook of the History of Communism is genuinely global in its coverage, paying particular attention to the Chinese Revolution. It is 'global', too, in the sense that the essays seek to integrate history 'from above' and 'from below', to trace the complex mediations between state and society, and to explore the social and cultural as well as the political and economic realities that shaped the lives of citizens fated to live under communist rule. The essays reflect on the similarities and differences between communist states in order to situate them in their socio-political and cultural contexts and to capture their changing nature over time. Where appropriate, they also reflect on how the fortunes of international communism were shaped by the wider economic, political, and cultural forces of the capitalist world. The Handbook provides an informative introduction for those new to the field and a comprehensive overview of the current state of scholarship for those seeking to deepen their understanding.


The Black Book of Communism

The Black Book of Communism

Author: Stéphane Courtois

Publisher: Harvard University Press

Published: 1999

Total Pages: 920

ISBN-13: 9780674076082

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This international bestseller plumbs recently opened archives in the former Soviet bloc to reveal the accomplishments of communism around the world. The book is the first attempt to catalogue and analyse the crimes of communism over 70 years.


Book Synopsis The Black Book of Communism by : Stéphane Courtois

Download or read book The Black Book of Communism written by Stéphane Courtois and published by Harvard University Press. This book was released on 1999 with total page 920 pages. Available in PDF, EPUB and Kindle. Book excerpt: This international bestseller plumbs recently opened archives in the former Soviet bloc to reveal the accomplishments of communism around the world. The book is the first attempt to catalogue and analyse the crimes of communism over 70 years.


The Judiciary in Central and Eastern Europe

The Judiciary in Central and Eastern Europe

Author: Zdenek Kühn

Publisher: BRILL

Published: 2011-10-28

Total Pages: 336

ISBN-13: 9047429001

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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 1950s up to the current post-Communist period, which continuity is manifested in the problems of 1990s and 2000s. 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.


Book Synopsis The Judiciary in Central and Eastern Europe by : Zdenek Kühn

Download or read book The Judiciary in Central and Eastern Europe written by Zdenek Kühn and published by BRILL. This book was released on 2011-10-28 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 1950s up to the current post-Communist period, which continuity is manifested in the problems of 1990s and 2000s. 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.


States of Exception

States of Exception

Author: Cosmin Cercel

Publisher: Routledge

Published: 2020-07-22

Total Pages: 277

ISBN-13: 042966379X

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This book addresses the relevance of the state of exception for the analysis of law, while reflecting on the deeper symbolic and jurisprudential significance of the coalescence between law and force. The concept of the state of exception has become a central topos in political and legal philosophy as well as in critical theory. The theoretical apparatus of the state of exception sharply captures the uneasy relationship between law, life and politics in the contemporary global setting, while also challenging the comforting narratives that uncritically connect democracy with the tradition of the rule of law. Drawing on critical legal theory, continental jurisprudence, political philosophy and history, this book explores the genealogy of the concept of the state of exception and reflects on its legal embodiment in past and present contexts – including Weimar and Nazi Germany, contemporary Europe and Turkey. In doing so, it explores the disruptive force of the exception for legal and political thought, as it recuperates its contemporary critical potential. The book will be of interest to students and scholars in the field of jurisprudence, philosophy and critical legal theory.


Book Synopsis States of Exception by : Cosmin Cercel

Download or read book States of Exception written by Cosmin Cercel and published by Routledge. This book was released on 2020-07-22 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the relevance of the state of exception for the analysis of law, while reflecting on the deeper symbolic and jurisprudential significance of the coalescence between law and force. The concept of the state of exception has become a central topos in political and legal philosophy as well as in critical theory. The theoretical apparatus of the state of exception sharply captures the uneasy relationship between law, life and politics in the contemporary global setting, while also challenging the comforting narratives that uncritically connect democracy with the tradition of the rule of law. Drawing on critical legal theory, continental jurisprudence, political philosophy and history, this book explores the genealogy of the concept of the state of exception and reflects on its legal embodiment in past and present contexts – including Weimar and Nazi Germany, contemporary Europe and Turkey. In doing so, it explores the disruptive force of the exception for legal and political thought, as it recuperates its contemporary critical potential. The book will be of interest to students and scholars in the field of jurisprudence, philosophy and critical legal theory.


The Remnants of the Rechtsstaat

The Remnants of the Rechtsstaat

Author: Jens Meierhenrich

Publisher: Oxford University Press

Published: 2018

Total Pages: 449

ISBN-13: 0198814410

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This book offers an intellectual history of Ernst Fraenkel's classic The Dual State (1941), recently republished by OUP, and one of the most erudite books on the theory of dictatorship ever written. It was the first comprehensive analysis of the nature and rise of Nazism, and the only such analysis written from within Hitler's Germany.


Book Synopsis The Remnants of the Rechtsstaat by : Jens Meierhenrich

Download or read book The Remnants of the Rechtsstaat written by Jens Meierhenrich and published by Oxford University Press. This book was released on 2018 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers an intellectual history of Ernst Fraenkel's classic The Dual State (1941), recently republished by OUP, and one of the most erudite books on the theory of dictatorship ever written. It was the first comprehensive analysis of the nature and rise of Nazism, and the only such analysis written from within Hitler's Germany.


Law, Populism, and the Political in Central and Eastern Europe

Law, Populism, and the Political in Central and Eastern Europe

Author: Rafał Mańko

Publisher: Taylor & Francis

Published: 2023-12-05

Total Pages: 276

ISBN-13: 1003818862

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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.


Book Synopsis Law, Populism, and the Political in Central and Eastern Europe by : Rafał Mańko

Download or read book Law, Populism, and the Political in Central and Eastern Europe written by Rafał Mańko and published by Taylor & Francis. This book was released on 2023-12-05 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.


State and Law

State and Law

Author: Ivo Lapenna

Publisher:

Published: 1964

Total Pages: 135

ISBN-13:

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Book Synopsis State and Law by : Ivo Lapenna

Download or read book State and Law written by Ivo Lapenna and published by . This book was released on 1964 with total page 135 pages. Available in PDF, EPUB and Kindle. Book excerpt: