Multicentrism as an Emerging Paradigm in Legal Theory

ISBN-13: 9783631595633 / Angielski / Miękka / 2009 / 310 str.

Opis

The contemporary legal theory is gradually departing from traditional theory of the hierarchical legal system. Some authors announce the supposed death of the concept of law within the state. The so-called multicentrism might become an attractive alternative to the traditional monocentric approach. The essence of multicentrism may be characterized as coexistence of many adjudicating bodies, especially courts, whose verdicts are equally effective within the national legal system. Such a situation takes place e. g. within the European legal area where multicentrism could be perceived as the existence of -sensitive- liaisons, entanglements and relations of dependence between the European Court of Human Rights in Strasbourg, the European Court of Justice in Luxemburg and national (especially constitutional) courts in member states. The coexistence of many centres of adjudication may thus become a constant feature of the system of regional and global law."

Spis treści

Contents: Werner Becker: On a European Tradition of the European Union - Anne Wagner: The European Cultural Ecumene, Legal Pluralism - Marek Zirk-Sadowski: Soft Kelsenism versus Multicentrism: Some Remarks on Theoretical Foundations of European Law - Tatiana Machalová: Interpretative Practice in the Multicentric System of Law - Tomasz Stawecki: Internal Multicentrism and Judicial Review - Sebastian Sykuna/Jerzy Zajadlo: Cultural Defence: New Challenges for Criminal Law in Europe? - Jan Winczorek: Between Triviality and Triviality. A Legal Multicentrism from Systems' Theoretical Point of View - Nina-Louisa Arold: Multicentrism: How Strasbourg's Legal Culture Affects Legal Traditions in Europe - Mariusz J. Golecki/Bartosz Wojciechowski: The Application of Law within a Multicentric Legal System. Economic Analysis of Köbler and Traghetti - Anna Kalisz/Bartosz Lizewski: The European Convention and Human Rights in the Judgements of the EU Courts - Sidney L. Harring: Multicentrism in Law: The Legal Structuring of Land Reform in Southern Africa, Globalization, and Legal Theory - Radim Polcák: The Lazy Theories: A Short Remark on the Silent Order in Multicentric Legal Systems - Joanna Jemielniak: Application of Transnational Substantive Rules to Commercial Disputes: on Creative Aspects of Arbitral Decision Making - Victor Tsilonis: Taming the Waves of International Criminal Justice: The Paradox of Serving (in)justice through (un)just Means and the Saddam Hussein's Case - Anna Maria Nawrot: The Involvement of Human Rights in Limiting the Adverse Effects on Access to Digital Knowledge - as One Step Towards a Multicentric Principle of Access to Digital Knowledge.

O autorze

The Editors: Marek Zirk-Sadowski is Professor of the Theory and Philosophy of Law at the University of Lódz (Poland), the Vice-president of the Polish Supreme Administrative Court and Vice-president of IVR.
Mariusz Golecki is Assisstant Professor at the University of Lódz and from 2008 to 2009 Visiting Scholar at the Faculty of Law, University of Cambridge.
Bartosz Wojciechowski is Assisstant Professor at the Unversity of Lódz and Advisor of the International Journal for the Semiotics of Law.