Publication details
Veřejný pořádek, důstojnost soudce a judikatura: Tři studie využití přístupu sociálních reprezentací v analýze právních pojmů
| Title in English | Public order, judge's dignity and case law: Three studies of the social representations approach for analysing legal terms |
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| Authors | |
| Year of publication | 2022 |
| Type | Monograph |
| MU Faculty or unit | |
| Citation | |
| Description | Interpreting indeterminate legal concepts solely via traditional legal analysis is an incomplete effort as it misses a crucial perspective – the endeavor to understand how these concepts are constructed by the people who apply them. In this book, we argue that these concepts are socially represented in the sense of the social representation approach of social psychology. Therefore, we should use empirical methods to further illuminate their structure and contents so that we understand and apply them correctly. We present three possible approaches to empirical study of indeterminate legal concepts and use them in three separate studies each aimed at understanding a specific concept. First, we present findings from a set of interviews on public order. Second, we show how a mixed-methods approach can be used to understand judge’s dignity. Finally, we apply graph theory to illuminate how lawyers represent case law. Apart from introducing a certain analytical approach, each study also interprets its findings in relation to Czech legal system. The book is concluded by a general discussion that lays out further avenues of research and addresses possible limitations. |
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