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Law and Revolution: Past Experiences, Future Challenges

Edited by: Matej Accetto, Katja Škrubej, Joseph H.H. Weiler

ISBN13: 9781032350035
To be Published: April 2024
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £150.00




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The last one hundred years have seen a number of events that could be perceived as disruptive challenges to the normal operation of the legal order. Some have been disruptive innovations of technologies or business practices, others social changes or constitutional transformations, further buttressed by the impact of globalisation and interdependence affecting the development of international, transnational and global law. Coincidentally, this period of one hundred years has been bookended by two pandemics, themselves disruptive realities testing the resilience as well as the adaptability of the legal regimes. A hundred years ago, the founding dean of a newly established law faculty beginning its mission amid the ashes of the First World War and the disintegration of the only remaining European empire gave an opening lecture exploring the role of law and judges in the face of revolutionary societal changes.

Drawing upon that important text, this edited volume explores similar challenges for law brought about by various disruptive realities. The collection looks at the past as well as the future. Following the text of the opening lecture by Pitamic, the contributions are grouped under five headings, dealing with the law and revolution in 1918, the challenges posed for law by the seemingly more gradual political or technological transformations, the effects of globalisation and the changing world, with the final contributions reassessing the law, its methodologies and traditional paradigms including, in the epilogue, the challenges posed for law the recent disruptive reality of the Covid-19 pandemic.

The book will be of interest to academics, researchers and policy-makers working in the areas of Legal History, Jurisprudence and Law and Politics.

Contents:
Acknowledgements
List of contributors
1. Introduction (The editors)
2. Law and Revolution (Leonid Pitamic)

Part I: Law and revolution before and after 1918
3. The Idea of Revolution in 1918 (Kelsen’s Circle) (Thomas Olechowski, University of Vienna)
4.
4. Ivan Žolger, A Forgotten (R)evolutionary in the Constitutional Processes of Two Successive Polities in 1918? (Katja Škrubej)
5.
5. Ius et Vis – Two Understandings of the Origins of Law (Marko Petrak, University of Zagreb)
6. Understanding the Law (Marijan Pavčnik)

Part II: Law, policies and politics
7. Criminal Law and Crime Policy in Transition Countries: Between Human Rights and Effective Crime Control (Alenka Šelih)
8. Evolution or Revolution? The future of criminal justice in England and Wales after “Brexit” (Nicola Padfield, Cambridge University)
9. Law, Evolution and Constitutional Courts (Maria João Antunes, University of Coimbra)
10Plotting (R)evolution? On critical EU international relations law (Elaine Fahey, University of London)
11. The Quiet Revolution of Global Governance Law (Jan Wouters, KU Leuven)

Part III: Law and (dis)continuity
12. “Rechtsdogmatik” and Change (Paul Oberhammer, University of Vienna)
13. Artificial Intelligence: Challenges and chances for Europe (Jože (Joseph) Straus, Ludwig Maximilian University of Munich and Max Planck Institute for Intellectual Property, Competition and Tax Law, Munich)
14. Litigating the Innovation Paradox (Jeremias Prassl, University of Oxford)

Part IV: Law and the changing social world
15. (R)evolution of the Social Security Law in a Changing World: From protecting the poor to the workers and finally every member of the society? (Grega Strban)
16. Social Security and Democracy (Danny Pieters, KU Leuven)
17. Surrogate Mother, Co-Mother, Biological or Genetic Mother, Legal or Social Mother: Which is the real one? (Dieter Henrich, University of Regensburg)

Part V: Rethinking the law
18. Drawing Lines in the Sand (William Ian Miller, University of Michigan)
19. Legal Monism and the Challenge of Legal Pluralisms (Roberto Toniatti, University of Trento)
20. Shall the Justice of the Whole Earth not Do Justice? The Revolutionary Copernican Moment in the Relationship of God’s Law, Humanity and Justice (Joseph H. H. Weiler, New York University)
21. Epilogue: Law and Justice in a Time of the Pandemic (Matej Accetto)