Publication details
Hledání jádra pojmu veřejný pořádek
| Title in English | Looking for the core of the concept of "public order" |
|---|---|
| Authors | |
| Year of publication | 2022 |
| Type | Article in Periodical |
| Magazine / Source | Pravnik |
| MU Faculty or unit | |
| Citation | |
| Web | Open access časopisu |
| Keywords | public policy; public order; ordre public; core and penumbra of concepts; Czech law; Czech case-law; legal concept |
| Description | Vague legal concepts are necessarily bound to social and legal reality in a given time and at a given place. In consequence, its meaning changes constantly. Czech legal theory is built on an idea that legal concepts have their core and penumbra. Using the example of a concept of legal order (public policy) this article shows the obstacles traditional doctrinal legal analysis faces when looking for the core of vague legal concepts. This article tackles various attempts to delimit and explain the meaning of public order in the context of Czech legal environment and asks, to what extent it is even possible to map out the intension and extension (and intensional and extensional definitions) of this concept. It follows various attempts at general definition and explanations of public order and discusses what of these definitions may be its core and its penumbra. It also focuses on the issue of legal facticity of this concept’s usage. Based on the example of the concept of public order this article further shows the need for legal concepts to be empirically examined, not only theoretically discussed. |
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