Table of contents
Other materials
- Monocentrism and Multicentrism as Legal Theories in the Global Era
The article describes two opposing theories of legislation and jurisprudence in the global age: multicentrism and monocentrism. The first one claims that a new legal system at the supra-state level is emerging, which must take into consideration varied legal traditions. Read more
- Why Legal Conventionalism Fails
The term “legal conventionalism” covers a set of broadly discussed legal theories explaining the fact of law’s existence by reference to the “conventional rule of recognition”. Some of them are aspiring to be so-called “fully fledged theories of law” and explain the normativity of law by reference to the same fundamental, conventional fact. Read more
- Some Remarks on the Application of Bayesian Analysis in Law
This paper discusses the use of Bayesian analysis in law. It introduces the key concepts of Bayesian analysis by giving some common examples of criminal cases. Read more
- Moral Intuitions in the Moral Luck Discourse
The main aim of the author is to analyze the term “moral intuitions”, used in discussions pertaining to moral luck. He presents the contemporary psychological estimation of moral intuitions based on the research of Jonathan Haidt (Social Intuitionist Model) and philosophical moral intuitionism. Read more
- Some Comments on Abortion Discourse
The article presents selected problems relevant for the contentious issue of abortion and the related discourses indicating that one of the characteristic features of abortion discourse is its mediatization. The author aims to characterize the constraints on abortion discourses and the varied environments in which the different types of such discourses emerge. Read more
- Carl Schmitt Revisited by the United States and the Terrorist
In the article “Carl Schmitt Revisited by the United States and the Terrorist” it is shown that Carl Schmitt’s morals, standards and views can be noticed in the United States policy in the context of so-called “war on terror”. According to the article, Islamic terrorists are a mirror image of Schmittan revolutionary partisan. Read more
- On Possible Applications of Paul Ricoeur’s Thought in Legal Theory
The paradigm of legal positivism, historically the most important attempt at turning law into science, has been subject to thorough criticism in past decades. The criticism has concerned the most important features of legal positivism, and especially the assumption of separation of law and morality, the dogma of statue being the only source of law, and the linguistic methods of interpreting legal texts. Read more
- The Method of Reflective Equilibrium in Moral Reasoning
The paper analyses the nature of moral reasoning when balancing constitutional rights. The fundamental assumption is the idea that adequate moral reasoning based on the Weight Formula should demonstrate the reasons for adopting specific principles. Read more
- Emotional Labour of Judges
Our article concentrates on emotions as related to the functioning of man in the judicial system seen as a modern bureaucratic institution. Special attention is given to the work of judges due to their key position in this system. Read more
- Can Human Rights be More Than a Burden in the Post-crisis Recovery? A Review of Economic and Social Rights After the Financial Crisis, edited by Aoife Nolan, Cambridge University Press 2014