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EN
Heuristic methodology attempts to outline the justifications, philosophical assumptions, and rules for the scholarly study of human affairs in order to prevent such study from violating the rights of others and enable it to produce valuable knowledge. To solve this problem, the author draws theoretical support from his game-coordination solution to the agency/structure dilemma and takes inspiration from Garfinkel’s concept of ‘doing sociology’ and from the ‘epistemology’ of the independent justice-seeking court, which for centuries has developed procedural principles and rules that balance the protection of human rights with effective investigation. The study of human affairs is conceived as a sequence of three types of choices – search, hermeneutic, and presentation choice – in order to guarantee that such study become a responsible strategic and epistemological game. The resulting heuristic strategy is characterised in mainly procedural terms by the two closely related principles: of study independence and of review.
EN
This paper is about the use of social hierarchies as tools to control society in East European countries during the Communist era, and why those regimes were so stable. According to the theoretical perspective developed in this article the constructivist system instituted a socialist legal order as a means to pretend that the “rule of law” was still applicable. The resulting constructivist regimes were party-states, where all state hierarchies had parallel structures within the Communist Party hierarchy, and where the separation of powers was replaced with a “hierarchic balancing,” a special form of leadership that the Communist Party exerted over all institutions of state administration and the armed forces. The principle of democratic centralism helped to decrease the transaction costs of governance, and thus, achieve loyalty to the system by party members and non-members alike, and loyalty to the leadership within Communist Party.
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