1st Edition

Law and Revolution Past Experiences, Future Challenges

Edited By Matej Accetto, Katja Škrubej, Joseph H. H. Weiler Copyright 2024
348 Pages
by Routledge

348 Pages
by Routledge

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,... Read more

1. Introduction: Law, Justice and (R)evolution 1920–2020

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)

4. Ivan Žolger, A Forgotten (R)evolutionary in the Constitutional Processes of Two Successive Polities in 1918? (Katja Škrubej)

5. Ius et Vis – Two Understandings of the Origins of Law (Marko Petrak)

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)

9. Law, Evolution and Constitutional Courts (Maria João Antunes)

10. Plotting (R)evolution? On Critical EU International Relations Law (Elaine Fahey)

11. The Quiet Revolution of Global Governance Law (Jan Wouters) 

Part III: Law and (Dis)continuity

12. Rechtsdogmatik and Change (Paul Oberhammer)

13. Artificial Intelligence – An important Part of the Fourth Industrial Revolution (4IR): Challenges and Chances for Europe (Joseph Straus)

14. Litigating the Innovation Paradox (Jeremias Adams-Prassl)

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)

17. Surrogate Mother, Co-Mother, Biological or Genetic Mother, Legal or Social Mother: Which is the real one? (Dieter Henrich)

Part V: Rethinking the law

18. De Minimis Non Curat Lex? Law and Little Things (William Ian Miller)

19. Legal Monism and the Challenge of Legal Pluralisms (Roberto Toniatti)

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)

21. Epilogue: Law and Justice in a Time of the Pandemic (Matej Accetto)

Biography

Matej Accetto is President of the Constitutional Court of the Republic of Slovenia and Associate Professor of European Law at the University of Ljubljana Faculty of Law.

Katja Škrubej is Associate Professor of Legal History at the University of Ljubljana Faculty of Law and its former Vice-Dean.

Joseph H.H Weiler is University Professor at NYU School of Law and Senior Fellow at the Harvard Center of European Studies.