Publication details

COFOLA 2023. Část 6 – Ochrana hodnot v postmoderní společnosti

Title in English COFOLA 2023. Part 6 – Protecting Values in Postmodern Society
Authors

ČEP David PROVAZNÍK Jan JANOVEC Michal

Year of publication 2023
Citation
Description Criminal law has traditionally been seen as the "weapon of the heaviest calibre" in the legal order, often referred to as the last resort or the last remedy, emphasising its subsidiary character, usually expressed in such a way that criminal law protects only the most fundamental values on which a modern democratic and legal state is based against only the most serious attacks. The unspoken premise of this position is therefore that the values protected by criminal law represent a relatively clearly definable and generally accepted set. However, postmodernism (and its cynical brother, post-factualism) reveals, even in our geographical, political and cultural space, that within the purely rational reasoning which we hope ultimately governs public life, there is no single reliable and objective interpretation of reality on the basis of which a single, absolutely valid set of fundamental values (nota bene their hierarchy) can be constructed. This section is intended for papers dealing with these or any of the many other phenomena resulting from the weakening of the traditional canon of protected values with which the criminal law is grappling and, with varying degrees of success, coping with.

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