Mario Krešić – författare

“Given their ethnic diversity, to what extent, and at what cost and benefit to human dignity, can European countries adopt and adapt plural democracy?” The contributors to this volume offer answers to this question from a variety of multidisciplinary perspectives within the framework of the integral theory of law and the state. Their shared aim is to explain legal phenomena in the context of other relevant issues and to identify, analyse and critique conceptualizations, problems and situations. This volume is rooted in the historical and contemporary European experience with special cases from Bosnia and Hercegovina, Croatia, Latvia, Slovenia, Spain and Canada which are relevant for understanding the European problem. Solutions to the problem are sought through innovative interpretations of the rule of law, democracy and human dignity, which are followed by argumentation about how these concepts, when recognized as European legal principles, can be implemented in order to avoid ethnic conflicts.

Following an introduction that defines the problem at the centre of the book and explains how legal theory can be used to address it, the book consists of eleven contributions divided into three thematic sections. The first covers topics concerning the European principles which can help avoid ethnic conflicts: the principle of compulsory adjudication in interstate relations, the principle of democracy, and principles regarding the recognition of individual and collective identities. These European principles are then investigated by drawing on legal and political theories. The second section presents three ways of conceptualizing ethnical needs in multi-ethnic states: asymmetric federalism, dêmoicratic account and cooperative federalism. The third and final section elaborates on issues concerning the protection of minority rights: the role of judicial ideology in protecting minority rights, citizenship, the EU mechanism for the protection of minority rights, and theimportance of remembering tragic events affecting minorities.

This book is based on presentations and discussions at the special workshop “The concept of Legal Consciousness” held on July 7, 2022, in Bucharest, Romania, as part of thirtieth biennial World Congress of the International Association for the Philosophy of Law and Social Philosophy (IVR). The workshop was focused on the importance of this concept for legal theory, legal sociology, and legal psychology (“psychology and law”). The book consists of fourteen contributions divided into four thematic parts elaborating the following topics: concept of law, methodology of legal sciences, role of legal consciousness in legal theory and legal sociology, adjudication, constitutionalization, modification of the legal system, and the deliberate normative change.