Cultural Identity in Statutory Drafting

ŠKOP, Martin. Cultural Identity in Statutory Drafting. In Legal Traditions and Legal Identities in Central and Eastern Europe. 2018.

Basic information

• Original name: Cultural Identity in Statutory Drafting
• Authors: ŠKOP, Martin (203 Czech Republic, guarantor, belonging to the institution).
• Edition: Legal Traditions and Legal Identities in Central and Eastern Europe, 2018.

Other information

• Original language: English
• Type of outcome: Presentations at conferences
• Field of Study: 50501 Law
• Country of publisher: Latvia
• Confidentiality degree: is not subject to a state or trade secret
• RIV identification code: RIV/00216224:14220/18:00101477
• Organization unit: Faculty of Law
• Keywords in English: statutory drafting;sociology of law;qualitative reserach in law;legal culture
• Tags: rivok

Abstract

The process of creation of law (or the process of statutory drafting) has irreplaceable position in legal practice and belongs to the most important issues of legal theory. This process bears all possible conditions of legal identity of any national legal system. To know these conditions means to know the legal identity and understand the context where the laws are established. This process represents coherent system of traditions, disciplines and identities – and these parts are then reproduced to the whole national legal system and reproduces particular legal culture. The proposed paper focuses on cultural determination on the process of law creation in the Czech Republic. Paper emphases the process of “real” creation outside the Parliament – the processes in Parliament are sufficiently explored as well as the formal conditions of it. On the other side – the capital (Bourdieu) or discipline (Foucault) of the “empirical lawmakers” (person who really write the draft of a statute) are still outside the targets of any research in the Czech Republic. But for the identity of any legal system or any legal culture (incl. Central and East European countries) are these findings important. Who are the persons drafting laws, what are their expectations or skills and opinions about legal drafting? These are some questions that need to be answered and the proposed paper tries to find out how we can get the answers.

Links

• GA17-14903S, research and development project: Name: Metodologie empirického zjišťování využití interpretačních metod v tvorbě práva

Investor: Czech Science Foundation