Law and Critique in Central Europe: Questioning the Past, Resisting the Present by Rafal MankoLaw and Critique in Central Europe: Questioning the Past, Resisting the Present by Rafal Manko

Law and Critique in Central Europe: Questioning the Past, Resisting the Present

EditorRafal Manko, Cosmin Sebastian Cercel, Adam Sulikowski

Paperback | August 10, 2016

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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. Pawel 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. Przemyslaw Kaczmarek (Editorial Review)

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. Hi...
Title:Law and Critique in Central Europe: Questioning the Past, Resisting the PresentFormat:PaperbackDimensions:242 pages, 9 × 6 × 0.55 inPublished:August 10, 2016Publisher:CounterpressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:191076101X

ISBN - 13:9781910761014

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Table of Contents

Foreword: On a Recent Change of Tone in Politics and Law (Costas Douzinas)Introduction: Law and Critique in Central Europe: Laying the Cornerstone (Rafal Man?ko, Cosmin Cercel, Adam Sulikowski)Ch. 1. Government of Judges and Neoliberal Ideology: The Polish Case (Adam Sulikowski)Ch. 2 The Importance of Being a Linguist: Critical Legal Thought in Central Europe (Martin S?kop)Ch. 3 Law out of Bounds: Legal Picnolepsy, Intellectual Austerity, and Romania's Legal Past (Cosmin Sebastian Cercel)Ch. 4 Demons of the Past? Legal Survivals of the Socialist Legal Tradition in Contemporary Polish Private Law (Rafal Man?ko)Ch. 5 Feminist Legal Education in Croatia: A Question of Fundamentalism or a Fundamental Question? (Ivana Radac?ic?)Ch. 6 The Social Construction of Femininity in the Discourse of the Polish Constitutional Court (Hanna De?bska & Tomasz Warczok)Ch. 7 Structural Violence and its Gender Dimension in Polish Law (Lidia Rodak)Ch. 8 A Technicist Perspective and the Contemporary Perception of the Role of Lawyers in Polish Society (Jacek Srokosz)Ch. 9 From Sublimation to Naturalization: Constructing Ideological Hegemony on the Shoulders of Roman Jurists (Paulina S?wie?cicka)Ch.10 The Role of Va?clav Havel in Czech Critical Legal Thought (Marke?ta Kluson?ova?)Afterword: Law Between the Specters of the Past and the Impossible Object of Desire (Leszek Koczanowicz)

Editorial 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. Pawel 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. Przemyslaw Kaczmarek (Editorial Review).