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Juridical Field and the Autonomy Game


ŠKOP Martin

Druh Další prezentace na konferencích
Fakulta / Pracoviště MU

Právnická fakulta

Popis Pierre Bourdieu’s concept of the juridical field presents a remarkable instrument for describing the position of law in society and its relation to other fields (e.g. power field). It also describes the development and existence of the modern state. The concept of juridical field reflects the struggle for the control over state capital. This contribution focuses on the image of law as an autonomous field. The paper focuses on the possible use of Bourdieu theory in the research on the Czech juridical field and its structure. In the Czech Republic, legal practice (the interpretation of law and application of law) is presented as autonomous filed where is only little space for employment of findings of other humanities (or social sciences) and also as a field where particular forms of capital has no impact. In my opinion this leads to isolation of legal field in theory. Another consequence of this autonomous representation of law is an increasing impact of non-legal factors. However this impact is not expressed in legal language. In other words the nature of the Czech juridical field is heteronomous. This blurred nature of the field leads to possibility of soft power manipulation. Here the utilization of symbolical capital triumphs. To illustrate this process of utilization I use the case of the new Civil Code which will come into force. This New Civil Code (passed 2012) causes changes not only in law but also in political and power filed.
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