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@proceedings{1820179,
author = {Štěpáníková, Markéta and Smejkalová, Terezie},
booktitle = {Law and Society Association Annual Meeting},
keywords = {public policy, public order, ordre public, core and penumbra of concepts, Czech law, Czech case-law, legal concept},
language = {eng},
title = {Understanding of Public Order in the Czech Republic},
year = {2021}
}
TY - CONF
ID - 1820179
AU - Štěpáníková, Markéta - Smejkalová, Terezie
PY - 2021
TI - Understanding of Public Order in the Czech Republic
KW - public policy, public order, ordre public, core and penumbra of concepts, Czech law, Czech case-law, legal concept
N2 - Vague legal concepts aressarily bound to social and legal reality in a given time and at a given place. I consequence, its meaning changes constantly. Czech legal theory is built on an idea that legal concepts have their core and penumbra. Using the example of a concept of legal order (public policy) this article shows the obstacles traditional doctrinal legal analysis faces when looking for the core of vague legal concepts. This article tackles various attempts to delimit and explain the meaning of public order in the context of the Czech legal environment and asks, to what extent it is even possible to map out the intension and extension of this concept. It follows various attempts at general definition and explanations of public order and discusses what of these definitions may be its core and its penumbra. It also focuses on the issue of legal facticity of this concept'susage. Based on the example of the concept of public order this article further shows the need for legal concepts to be empirically examined, not only theoretically discussed.
ER -
ŠTĚPÁNÍKOVÁ, Markéta a Terezie SMEJKALOVÁ. Understanding of Public Order in the Czech Republic. In \textit{Law and Society Association Annual Meeting}. 2021.
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