Abstract. By the fall of Communism, also the past of Central and Eastern Europe is mostly hold eradicated, albeit it cannot but steadily survive in sublated mentality. On the fi eld of l aw, this is expressed by the continuity of textcentrism in approach to law, with the law's application following the law's letters in a quasi-mechanical way. Consequently, what used to be legal nihilism in the Socialist regime has turned into the law's textual fetishism in the meantime. This is equal to saying that facing the dilemma of weighing between apparently contradictory ideals within the same Rule of Law, justice has in fact been sacrifi ced to the certainty in/of the law in the practical working of the judiciary. Especially, constitutional adjudication mostly works for the extension of individual rights while the state as the individuals' community is usually blocked in responding challenges in an operative manner. Situation in Poland, the Czech and Slovak Republics, Baltic Republics, as well as Croatia is surveyed through a series of case studies in order to show degrees and variations of worsening. Softening the law by activating juridical inventiveness was used to be pressed on the region during her preparation to accession, a practice that has now been counteracted by stiffening hard law anew. In either case, on the last resort, phase-lag of juridical mentality in the region may have been at stake, preserved at the stage what Western Europe could develop into when reconstruction after the end of WWII started. For post-war West's new joiners in approach and methodology -like (1) natural law considerations; (2) balancing among interests through assessing them in light of general principles and clauses, either of the law or implied by its underlying legal culture; as well as (3) constitutionalisation of issues -have remained mostly esoteric ideas, alien in mass to the region in question. The damage this condition may cause by cumulation is an added burden on the popular receptivity of catch-words heralded, among other ideals, by the Rule of Law.
Abstract. Anglo-American and French, as well as German, Spanish and Hungarian variations to "Law and Literature" are surveyed for that as to the nature of the discipline some conclusions can be formulated. Accordingly, "Law and Literature" recalls that which is infinite in fallibility and which is not transparent in its simplicity, that is, the situation confronted that we may not avoid deciding about despite the fact that we may not get to a final understanding. What is said thereby is that "Law and Literature" is just a life-substitute. Like an artificial ersatz, it helps one to see out from what he/she cannot surpass. What it is all about is perhaps not simply bridging the gap between the law's proposition and the case of law, with unavoidable tensions confronting the general and the individual, as well as the abstract and the concrete. Instead, it is more about live meditation, professional methodicalness stepped back in order to gain further perspectives and renewed reflection from a distance, so that the underlying reason for the legal (and especially judicial) profession can be recurrently rethought. In a fictional form, literature is the symbol and synonym of reflected life, a field where genuine human fates can be represented. Thereby, at the same time it is a substitute for theology, rooted in earthly existence as a supply to foster feeling kinds of, or substitutes to, transcendence.
Abstract.After the relationship between form and content in art and law is surveyed and the axiomatic approach to systemicity in both philosophy and law of both the classic and modern ages is scrutinised, the want of axiomatisability-in presence of correlations between axiomatism and law notwithstanding-is established. The very nucleus of any axiomatic system is that in some set of building blocks there are few foundation stones from which one given overall building can be built up in one given form and with the inherent necessity of that the operation, in the security of reaching the same end result, can be repeated by any actor at any future time. However, the relationship amongst the constituents of legal systems is not such as to allow to make up their edifice in exclusively one form, only if the procedure is defined and some constituents as foundation stones are designated. For legal systems are truly dynamic systems thoroughly built on substantive interconnections. Therefore they resistalbeit idealise-axiomatisation. In consequence, exclusively the heuristic value of the axiomatic ideal can be fully implemented and scholarly realised in the domain of law.
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