Stability and dynamics of vague legal concepts as central core and periphery of social representations

Result code in IS VaVaI

<a href="https://www.isvavai.cz/riv?ss=detail&h=RIV%2F00216224%3A14220%2F22%3A00119745" target="_blank" >RIV/00216224:14220/22:00119745 - isvavai.cz</a>

Result on the web

—

DOI - Digital Object Identifier

—

Result language

angličtina

Original language name

Stability and dynamics of vague legal concepts as central core and periphery of social representations

Original language description

In an ongoing project we have been exploring the methods available within social representations approach for analysis of conceptualization in law. We have chosen three (more or less vague) legal concepts and explored the representations of these concept among legal professionals. One of the concepts that has been chosen is that of public order. In order to explore the topics that might appear within its representation, we have conducted a pilot study among members of legal academia. One of the topics we raised was that of the stability of public order. Interestingly, the participants’ accounts collectively suggested that public order is both rigid and dynamic and that it is both built around a shared consensus on certain values, while not being able to pinpoint what exactly would these values be, believing them being dependent on context, and admitting that their own perception might not be the society’s. This possibly unsurprising account was especially interesting for us to hear because we felt as if we were being explained the bases of structural approach to social representations. The goal of this paper is to show these parallels a argue that the social representations approach is extremely well suited to uncover and describe parts of vague legal concepts that remain otherwise lost to traditional doctrinal legal analysis.

Czech name

—

Czech description

—

Type

O - Miscellaneous

CEP classification

—

OECD FORD branch

50500 - Law

Project

<a href="/en/project/GA20-10171S" target="_blank" >GA20-10171S: Methods of social representation in analysis of legal concepts</a><br>

Continuities

P - Projekt vyzkumu a vyvoje financovany z verejnych zdroju (s odkazem do CEP)

Publication year

2022

Confidentiality

S - Úplné a pravdivé údaje o projektu nepodléhají ochraně podle zvláštních právních předpisů