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1

PRÁVNY PLURALIZMUS I.

100%
Bárány E.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2017
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vol. 100
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issue 3
205 – 217
EN
Legal pluralism is a standard element of postmodern vocabulary in legal theory. It is possible to find predecessors of legal pluralism in legal history, but only when we look at it with the eyes of today. It forms a part of broad normative pluralism and is usually connected with important changes in the concept of law. There are different kinds or models of legal pluralism in particular societies, but some kind of it is present almost everywhere. Legal pluralism exists today in the context of postmodern situation, and it is caused by different factors especially by power pluralism and cultural diversity.
2

PRÁVNY PLURALIZMUS II.

100%
Bárány E.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2017
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vol. 100
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issue 4
327 – 336
EN
This text is a continuation of the author’s previous article published in the preceding fascicles of Právny obzor. An interesting concept of polycentric legal system has been formed in Central Europe. We understand it as a complementary to the concept of legal pluralism: polycentric legal system of state in the framework of legal systems connected with other subjects of public power. Legal pluralism is becoming the central concept of postmodern in law. The impact of legal pluralism on the situation of individual human being is predominantly negative, because her/his legal situation is becoming more complicated, fragmented and changing, but it is important for the functioning of law in postmodern situation.
3

DÔSLEDKY PRÁVNEHO PLURALIZMU PRE PRÁVNICKÚ METODOLÓGIU

100%
Bárány E.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2020
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vol. 103
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issue 4
258 – 270
EN
The basic idea of this paper reads that legal pluralism leads to changes in the legal methodology consisting of three parts: 1. methodology of law-making, 2. methodology of implementation of law including interpretation, 3. methodology of legal science (jurisprudence). In the process of law-making other legal systems operative on the same territory are already taken into account. Different legal systems have partially different canons of interpretation, and so in the situation of legal pluralism when it is necessary to apply rules belonging to more than one legal system, there are new challenges for traditional methods of interpretation. Jurisprudence is confronted with the task to conceptualise simultaneous operation of different legal systems on the systems on the same territory and different concepts (definitions) of law and to accommodate its methods to the changes in the subject of study.
4

PRÁVNA ANTROPOLÓGIA – JEJ PRÍNOSY A ZLYHANIA

88%
Šmihula D.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2014
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vol. 97
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issue 5
444 – 455
EN
Legal anthropology is an interdisciplinary science on the border between anthropology and theory of law and the state. During its beginnings in 1920s it was dealing with legal and political systems of primitive populations and from such findings it tried to extract generally applicable principles which could be utilized also in the case of modern societies. The legal anthropology is understod by any legal system as an integral part of the society in which it is being used. Therefore it requires also a research not only in the legal system but in the society as whole (material conditions, culture, language etc.) and also of a man with his biological qualities, thinking and habits. But this science needed to cope with tendencies to ideologization and to use it as a “tool” in efforts to prove “priority of non-western cultures” or even “corruption of the whole masculine aggressive Western civilization”. As any scientific method or theory the legal anthropology must be used critically and with knowledge of it limits.
5

THEORY OF LAW - LEGAL ETHNOGRAPHY OR THE THEORETICAL FRUITS OF INQUIRIES INTO LEGALLY RELEVANT FOLKWAYS

63%
Varga C.
Tarsadalomkutatas (Social Science Research)
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2008
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vol. 25
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issue 3
275-298
EN
'Rechtliche Volkskunde' is distinguished from Legal Anthropology, and the latter from both Legal Ethnology and Legal Pluralism, as well as from the research on Aboriginal Law, claiming the first three to be law-related parts of non-legal disciplines, in contrast to 'Ethnologischer Jurisprudenz' and Anthropology of Law, taken as directions within the field of general jurisprudence itself. For the time being, neither the first has projected own theories nor Socio-ethnography has interfered with legal theorising, nurturing or challenging it. Since the realisation of Ehrlich and Weber on that laws may prevail independently of the states' 'Westphalian duo', a number of attempts at both extending and narrowing the law's usual covering has been tested. Considering the pendule movement between monism and pluralism in a historical perspective, renaming through reterming what is at stake as the object of research should not be a primary issue. As formulated by the author a quarter of a century ago 'Law is (1) a global phenomenon embracing society as a whole, (2) able to settle conflicts of interests that emerge in social practice as fundamental, while (3) prevailing as the supreme controlling factor in society'.
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