J 2023

Case Law and Collective Construction of Meaning

SMEJKALOVÁ, Terezie

Basic information

Original name

Case Law and Collective Construction of Meaning

Authors

SMEJKALOVÁ, Terezie (203 Czech Republic, guarantor, belonging to the institution)

Edition

Utrecht Law Review, Netherlands, Utrecht Univ Library Open Access Journals, 2023, 1871-515X

Other information

Language

English

Type of outcome

Článek v odborném periodiku

Field of Study

50501 Law

Country of publisher

Netherlands

Confidentiality degree

není předmětem státního či obchodního tajemství

References:

Open access časopisu

Impact factor

Impact factor: 0.600 in 2022

RIV identification code

RIV/00216224:14220/23:00134226

Organization unit

Faculty of Law

DOI

http://dx.doi.org/10.36633/ulr.833

UT WoS

001069870300009

Keywords in English

case law; construction of meaning; concepts; social object; dialogicality; social representations

Tags

rivok

Tags

International impact, Reviewed
Změněno: 8/2/2024 09:14, Mgr. Petra Georgala

Abstract

V originále

Case law has been described as a type of discursive space within which many conversations occur. In law, these dynamic conversations are essential in constructing and re-constructing the meanings of legal concepts and phenomena. Therefore, case law may be understood not only as a space of collective construction of legal concepts and phenomena, but also as a means of this construction. As there is no fixed agreement on the exact concept of case law, that is the meaning and role of case law, in most continental jurisdictions, the courts themselves join these conversations, hence engaging in a process of case law collectively constructing itself. This paper argues that this construction is essentially collective (social) and takes place across three dimensions: the overt opinions on the role of case law as expressed in the case law itself; the implied opinions included in the presence (or the absence) of references to past case law; and the fact that the judges even recognize case law as a space that allows them to express these overt opinions or that allows them to refer (or not to refer) to past case law at all. The aim of this article is to offer a way of bringing together the loose strands of theoretical knowledge on meaning-making that meet within the concept of case law in a circular manner: case law is at the same time the space, the means as well as the result of specific processes of social construction, and thus to pave the way for further study.

Links

GA20-10171S, research and development project
Name: Využití metod sociální reprezentace v analýze právních konceptů
Investor: Czech Science Foundation
Displayed: 17/11/2024 21:04