Overview

During the period of actually existing socialism, Central Europe was simultaneously the eastern periphery of the capitalist world-system and the western periphery of the Soviet bloc. Following the transition, it transformed itself into a unique amalgam of postcolonialism (vis-a -vis the former Soviet power) and neocolonialism (vis-a -vis the West). This double peripherality means Central Europe's geopolitical situation is both problematic and traumatic. It is a space that conveys fantasies of conquest and normalization as well as reluctance and rejection. The present collection of essays brings together both established and emerging legal scholars from Central Europe to explore the sources and potentialities of critical legal scholarship in a Central European setting, the heritage of an authoritarian past and its influence over Central European law and politics, and the strategies of challenging the present legal status quo. ""The volume provides a useful point of departure for rational discussion on post-transformation law as it demonstrates its genealogy and reveals its incoherencies. Such discussion can foster a better understanding of the problems of the transition to democratic society and possible ways of rectifying them. But beyond this particular context, the volume is an important contribution to social theory."" -- Prof. Leszek Koczanowicz (Afterword) ""Eastern European comrades have suffered a kind of 'symbolic violence' in the hands of their Western European counterparts. The invigoration of critique in the East must combine the 'left-right division with the centre-periphery dichotomy."" -- Prof. Costas Douzinas (Foreword) ""No English-language monograph has, until now, approached such a broad spectrum of topics concerning the legal life of Central and Eastern Europe at the same time applying a radical and critical methodological perspective."" -- Prof. Pawe Chmielnicki (Editorial Review) ""We are witnessing the birth of a new strand of critical legal scholarship, drawing on the theoretical legacy of Western 'crits' and the unique historical experience of post-communist Central Europe."" -- Dr. habil. Przemys aw Kaczmarek (Editorial Review) ""

Full Product Details

9781910761014

Table of Contents

Reviews

'The volume provides a useful point of departure for rational discussion on post-transformation law as it demonstrates its genealogy and reveals its incoherencies. Such discussion can foster a better understanding of the problems of the transition to democratic society and possible ways of rectifying them.But beyond this particular context, the volume is an important contribution to social theory.' - Prof. Leszek Koczanowicz (Afterword). 'Eastern European comrades have suffered a kind of 'symbolic violence' in the hands of their Western European counterparts. The invigoration of critique in the East must combine the 'left-right division with the centre-periphery dichotomy.' - Prof. Costas Douzinas (Foreword). 'No English-language monograph has, until now, approached such a broad spectrum of topics concerning the legal life of Central and Eastern Europe at the same time applying a radical and critical methodological perspective.' - Prof. Pawe Chmielnicki (Editorial Review) . 'We are witnessing the birth of a new strand of critical legal scholarship, drawing on the theoretical legacy of Western 'crits' and the unique historical experience of post-communist Central Europe.' - Dr. habil. Przemys aw Kaczmarek (Editorial Review).

Author Information

Dr Rafal Manko received his master's degree in law from the University of Warsaw (2003) and his Ph.D. in law from the University of Amsterdam (2014). He is external fellow at the Centre for the Study of European Contract Law at the University of Amsterdam and policy analyst at the European Parliamentary Research Service in Brussels. His research focuses on three main areas: the interplay between socioeconomic transformation and law; the theory and practice of legal interpretation; and, within the sphere of doctrinal research, private law (especially consumer contract law) and its Europeanization. He is the author of over 50 scholarly publications in peer-reviewed journals and edited volumes. Dr Cosmin Sebastian Cercel is Assistant Professor at the University of Nottingham (United Kingdom). He completed his doctorate in Comparative Legal Studies at the University Panthéon Sorbonne (Paris I) in 2012 with a thesis dedicated to the analysis of the nexus between law, politics, and culture in communist Romania. His main research focuses on genealogies of law and politics with speci c reference to 20th century continental legal history. His current research aims to put under a critical scrutiny the dissolution of classical concepts of legality and constitutionalism in the historical context of the rise of authoritarianism during the interwar in Europe. His recent publications include several articles on the relation between law and authoritarianism as well as a psychoanalytical reading of the historiographical intricacies of the authoritarian past. He is now writing a monograph analyzing the jurisprudential aspects of state communism. Prof. Dr Adam Sulikowski is full professor of legal theory at the University of Wroclaw (Poland) and head of the Legal Theory Department at the University of Opole (Poland). His research focuses on applications of postmodern critical theory within the legal eld. His most recent mono- graphs (all in Polish) include Post-humanism and Jurisprudence (2013), Constitutional Discourse: The Triumph and Crisis of Modern Episteme (2011), and The Contemporary Paradigm of Constitutional Justice and the Crisis of Modernity (2008).

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