Law, Culture and Identity in Central and Eastern Europe: A Comparative Engagement

This collection combines insights from comparative legal theory, jurisprudence, and legal history to examine the legal and constitutional identity of Central and Eastern Europe. It argues for a shared Central and Eastern European legal identity despite the diverse legal backgrounds of the 16 countries in the region. The book will appeal to scholars and students in comparative law, as well as lawyers, political scientists, sociologists, and historians with interests in Central and Eastern Europe.

Format: Hardback
Length: 362 pages
Publication date: 01 December 2023
Publisher: Taylor & Francis Ltd

Combining insights from comparative legal theory, jurisprudence, and legal history, this comprehensive collection delves into the intricate legal and constitutional identity of Central and Eastern Europe. While the various countries within this region have often sought to emulate the West, their lack of interconnection has led to the preservation of a diverse range of legal identities that remain largely hidden. This book undertakes a comparative analysis of these hidden legal identities within the region of Central and Eastern Europe, drawing upon the initial similarities between the countries due to their shared experience of communism and legal transfers. Through these comparisons, the book aims to shed light on the distinct legal identities of the 16 Central and Eastern European states while also advocating for a shared Central and Eastern European legal identity.

This book will hold significant appeal to scholars and students engaged in the field of comparative law, as well as legal professionals, political scientists, sociologists, and historians with a particular interest in Central and Eastern Europe. It offers a valuable contribution to our understanding of the complex legal and political landscape of this region, providing insights into the historical, cultural, and social factors that have shaped its legal identity.

The book is organized into five chapters, each exploring a different aspect of Central and Eastern European legal identity. In the first chapter, the authors provide an overview of the region's legal history, tracing the development of legal systems from ancient times to the present. They highlight the influence of various political, social, and economic factors on the legal development of Central and Eastern Europe and discuss the challenges and opportunities that the region faces in the 21st century.

In the second chapter, the authors examine the role of comparative legal theory in understanding Central and Eastern European legal identity. They discuss the various approaches to comparative law, such as the structuralist, functionalist, and postmodernist approaches, and explore how these approaches can be used to analyze the legal systems of Central and Eastern Europe. They also discuss the unique features of Central and Eastern European legal systems, such as the influence of communism, the legacy of the Soviet Union, and the impact of European Union membership.

In the third chapter, the authors explore the jurisprudence of Central and Eastern European courts. They discuss the key cases and legal decisions that have shaped the legal identity of the region, including the European Court of Human Rights, the European Court of Justice, and the Council of Europe. They also analyze the role of national courts.

In the fourth chapter, the authors examine the legal and constitutional identity of Central and Eastern Europe in the context of European integration. They discuss the challenges and opportunities that the region faces in integrating into the European Union, including the impact of EU law on national legal systems, the role of the European Court of Justice in interpreting European integration, and the role of national courts in interpreting EU law.

In the fifth chapter, the authors conclude by summarizing the key findings of the book and offering recommendations for future research. They argue that the study of Central and Eastern European legal identity is an important area of research that requires further exploration and analysis. They suggest that future research should focus on the role of regional institutions, such as the Council of Europe and the European Union, in promoting legal identity and cooperation in Central and Eastern Europe. They also suggest that future research should explore the impact of globalization on Central and Eastern European legal identity and the role of regional courts in interpreting international law.

In conclusion, this book provides a comprehensive and insightful examination of the legal and constitutional identity of Central and Eastern Europe. It offers a valuable contribution to the field of comparative law, jurisprudence, and legal history, and will appeal to scholars and students engaged in these disciplines as well as legal professionals, political scientists, sociologists, and historians with a particular interest in Central and Eastern Europe. By comparing the legal identities of the 16 Central and Eastern European states, the book sheds light on the complex and multifaceted nature of this region's legal history and presents a compelling argument for a shared Central and Eastern European legal identity. As the region continues to evolve and integrate into the broader European and global community, the study of Central and Eastern European legal identity will become increasingly important in understanding the legal and political challenges and opportunities that it faces.

Weight: 848g
Dimension: 234 x 156 (mm)
ISBN-13: 9781032388052