Publication details

Critical Legal Consciousness in the Central Europe

Authors

ŠKOP Martin

Type Appeared in Conference without Proceedings
MU Faculty or unit

Faculty of Law

Citation
Description Critical legal theory was established in the American legal thought and offers a unique picture of law. It points out the problems of cultural hegemony or cultural imperialism. This paper will present slightly different picture of critical approach. It will focus on the problem of language and consciousness of critical legal theory in the East (or Central) Europe. One of many possible problem of critical legal thought in the Central Europe is the problem of language. The world's arena for critical discussion is framed by English language. This language context has observable consequences: cases, examples or concepts are then derived from English-American legal environment. Furthermore, such a language and cultural orientations are inevitable for success in quantitative measures of science or for entering the international forum. Language and social context are inseparably connected to law. It is possible to get the complex picture of law only if it is rooted in particular society and is expressed through corresponding language. But is it possible to criticize the law, its use in society, if it is expressed by another language; by another language reflecting different cultural experience? Are the problems of one culture expressed in language of another one still the same problems or are they reflections of different experiences? Is in critical thought cultural translations possible? This paper will focus on problems of cultural imperialism of English-American law. Consequences of this situation can be analyzed in the field of legal theory or philosophy. This paper wants to point out the possible problem of global unification of legal thought. What would be the consequences of understanding this question of language as the impact of cultural and legal hegemony or even imperialism of western legal tradition?
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