Legal Innovativeness in Central and Eastern Europe
Central and Eastern Europe is a cultural site which has been described mainly as being a recipient of legal theories, concepts, doctrines and institutions originating in Western Europe and, more recently, also the United States. This process of legal transplanting started arguably at least in the 19th century alongside a process of modernisation, as evidenced by the reception of Western European codes of law, starting from the Code civil, and Western European forms of legal scholarship, such as the German Pandektistik or the French School of Exegesis. This phenomenon did not stop in the 20th century, and it can even be shown to have only intensified after the fall of actually existing socialism, with all Central and Eastern European countries joining the European Convention of Human Rights and many of them also joining the EU. Moreover, the reception of Western-centric, especially Anglo-American legal theories has also become visible in the field of jurisprudence, with H.L.A Hart and Ronald Dworkin being the standard references for legal theorists in the region. These changes in the understanding of legality as well as the appropriations of the ways of practicing and conceptualising law have more often than not taken place with little attention being paid to either the historical trajectory of the region or to the inner grammars of the respective legal traditions existing within this space.
Against this backdrop, the aim of the 4th CEENELS conference is to revisit and react to these trends by bringing to the fore original legal and jurisprudential constructions stemming from our region responding to the particular conditions of Central and Eastern Europe. We invite papers discussing any original legal developments within the region, covering either a historical dimension or the contemporary legal landscape. Thus, we are particularly interested in original legal institutions, as well as original concepts in legal theory, sociology of law or doctrinal legal research (‘legal dogmatics’). Papers dealing with the interaction of Central and Eastern European legal cultures with international and supranational legal orders are also welcome.
Potential topics of interest could include the following:
- analyses of original innovations in legal theory or a specific branch of law (private law, administrative law, criminal law, constitutional law etc.), in a historical and comparative perspective;
- specific legal institutions that developed locally in Central and Eastern Europe in response to specific social, economic and political dynamics;
- originality of Central and Eastern European countries in their appropriation of legal institutions from abroad (phenomenon of legal acculturation);
- analyses of the interaction of Central and Eastern European legal cultures with supranational and international legal orders;
- innovative developments in legal theory, philosophy of law and sociology of law, originating in the region;
- alternative legal methodologies, e.g. using literary arguments in the courtroom or using cognitive science to explain legal concepts;
- revolutionary and other radical critiques of law in Central and Eastern Europe;
- analyses of the current constitutional changes in Central and Eastern Europe against the backdrop of the broader comparative and historical context: towards a ‘new constitutionalism’?;
- Central and Eastern European contributions to the development of public international law (related, for instance, to the concept of crimes against humanity, human rights protection, etc.);
- the legal order and the state of exception: traditions of Central and Eastern Europe and global trends;
- regulations versus the rule of law: regional genealogy of a global issue;
- positivism (legal formalism, normativism) as a legal lingua franca for Central and Eastern Europe?;
- legal dialogue between Central and Eastern European states and other legal actors (especially supranational legal orders of the EU and ECHR);
- the legal identity of Central and Eastern Europe and legal innovations in the region;
- law and new technologies in Central and Eastern Europe: how do CEE legislatures, judges and legal academics coping with these new challenges? are they original and innovative in the solutions proposed, or mainly rely on what their colleagues in the West are doing?challenges for the legal profession and legal professionalism in Central and Eastern Europe.
Confirmed plenary speakers include:
- Professor Matyas Bencze (University of Debrecen)
- Professor Adam Bosiacki (University of Warsaw & Hoover Institution)
- Professor Krystyna Chojnicka (Jagiellonian University)
- Professor Roger Cotterell (Queen Mary University of London)
- Professor Anton Ivanov (Higher School of Economics, Moscow)
- Docent Zdeněk Kühn (Charles University, Prague)
- Professor Josef Marko (University of Graz)
- Professor Jiří Přibáň (University of Cardiff)
- Professor Alan Uzelac (University of Zagreb)
We invite submissions originating from all areas of legal scholarship, including legal theory, philosophy of law, history of legal ideas and the broader intellectual history, legal history, comparative law, as well as from legal dogmatics, covering all branches of positive law (civil, criminal, constitutional, administrative, etc.).
The conference is open to all scholars who research Central and Eastern European law and legal culture. It is possible either to submit an individual paper (abstract up to 500 words), or to submit an entire panel (of 3-4 papers), or a thematic stream(of at least two panels) devoted to a specific aspect of this year’s CEENELS conference theme.
If a thematic stream is accepted, it will be open to submissions of individual papers.
We will inform about the acceptance of papers (including panels) by March 15, 2019.
For further information, please, contact: Dr., Prof. at School of General and Interdisciplinary Legal Studies (HSE, Moscow), Deputy Dean for Research at Faculty of Law (HSE, Moscow), Head of Conference Organizing Committee - Dmitry Poldnikov, e-mail: email@example.com.
There is no conference fee. Materials and meals will be provided by the organisers. Due to limited resources, we are unable to offer any scholarships to cover the costs of tickets and hotels.