Mirosław Michał Sadowski - Böcker

Combining insights from comparative legal theory, jurisprudence and legal history, this collection examines the legal and constitutional identity of Central and Eastern Europe.Although the various countries of Central and Eastern Europe have often compared themselves to the West, the failure of these countries to engage with one another has resulted in a whole spectrum of legal identities remaining hidden. This book takes up a comparison of such identities within the region of Central and Eastern Europe, and following from the prima facie similarity between the region’s countries, given the experience of communism and legal transfers. The book thereby illuminates, through comparisons, the distinct legal identities of the 16 Central and Eastern European states; whilst, at the same time, arguing for a shared Central and Eastern European legal identity.This book will appeal to scholars and students in the area of comparative law, as well as lawyers, political scientists, sociologists, and historians with particular interests in Central and Eastern Europe.

Combining insights from comparative legal theory, jurisprudence and legal history, this collection examines the legal and constitutional identity of Central and Eastern Europe.Although the various countries of Central and Eastern Europe have often compared themselves to the West, the failure of these countries to engage with one another has resulted in a whole spectrum of legal identities remaining hidden. This book takes up a comparison of such identities within the region of Central and Eastern Europe, and following from the prima facie similarity between the region’s countries, given the experience of communism and legal transfers. The book thereby illuminates, through comparisons, the distinct legal identities of the 16 Central and Eastern European states; whilst, at the same time, arguing for a shared Central and Eastern European legal identity.This book will appeal to scholars and students in the area of comparative law, as well as lawyers, political scientists, sociologists, and historians with particular interests in Central and Eastern Europe.

This book elaborates a new framework for considering and understanding the relationship between law and memory.How can law influence collective memory? What are the mechanisms law employs to influence social perceptions of the past? And how successful is law in its attempts to rewrite narratives about the past? As the field of memory studies has grown, this book takes a step back from established transitional justice narratives, returning to the core sociological, philosophical and legal theoretical issues that underpin this field. The book then goes on to propose a new approach to the relationship between law and collective memory based on a conception of ‘legal institutions of memory’. It then elaborates the functioning of such institutions through a range of examples – taken from Japan, Iraq, Brazil, Portugal, Rwanda and Poland – that move from the work of international tribunals and truth commissions to more explicit memory legislation. The book concludes with a general assessment of the contemporary intersections of law and memory, and their legal institutionalisation.This book will be of interest to scholars with relevant interests in the sociology of law, legal theory and international law, as well as in sociology and politics.

This book elaborates a new framework for considering and understanding the relationship between law and memory.How can law influence collective memory? What are the mechanisms law employs to influence social perceptions of the past? And how successful is law in its attempts to rewrite narratives about the past? As the field of memory studies has grown, this book takes a step back from established transitional justice narratives, returning to the core sociological, philosophical and legal theoretical issues that underpin this field. The book then goes on to propose a new approach to the relationship between law and collective memory based on a conception of ‘legal institutions of memory’. It then elaborates the functioning of such institutions through a range of examples – taken from Japan, Iraq, Brazil, Portugal, Rwanda and Poland – that move from the work of international tribunals and truth commissions to more explicit memory legislation. The book concludes with a general assessment of the contemporary intersections of law and memory, and their legal institutionalisation.This book will be of interest to scholars with relevant interests in the sociology of law, legal theory and international law, as well as in sociology and politics.

This book examines piracy not just as a historical and contemporary criminal activity but as a complex phenomenon deeply interwoven with legal constructs and cultural perceptions. Specifically, it examines the intersection of piracy and law through a focus on three cultural images of pirates: as rulers of the seas, freedom fighters, and treasure seekers. The first part of the book, guided by the first image, takes up the historical definition of piracy, distinguishing between pirates, buccaneers, corsairs, and privateers. It then goes on to examine how the definition of piracy has evolved in international maritime law – taking up present-day issues of piracy, from the early-21st century UN resolutions to more recent Houthi attacks. The second part of the book discusses pirate codes as early forms of legal innovation, moving to the societal structures of pirate havens, and then to an analysis of pirate trials. The third and final part of the book investigates the legal aspects of treasure hunting, including the legal status of found treasures and conflicts over ownership and cultural heritage, both on land and under the seas. The book then concludes with a reflection on the nature of piracy's relationship with law, putting forward several observations and suggestions for its better understanding.This book will be of interest to scholars of maritime law, legal theory, legal history, and international law.