Martin Krygier
Biographic Data
| ID | 325174 |
|---|---|
| NAME | Martin Krygier |
| GIVEN NAMES | Martin |
| FAMILY NAME | Krygier |
| SIGNATURE | KRYGIER M |
| AFFILIATIONS | UNSW Sydney |
| ORCID | 0000-0003-3724-0801 |
| VERIFIED | Yes |
| TOTAL WORKS | 24 |
| TOTAL CITATIONS | 31 |
| AUTHOR COUNT | 22 |
| EDITOR COUNT | 2 |
| FIRST PUBLICATION YEAR | 1979 |
| LATEST PUBLICATION YEAR | 2024 |
| H-INDEX | 3 |
Well-Tempered Power: ‘A Cultural Achievement of Universal Significance’
According to Laurent Pech, the rule of law was described as a “‘buzzword’ by [Hungary’s] justice minister; a fiction by a Fidesz MP; and a ‘magic word’ by the Fidesz-KDNP Delegation to the European Parliament. Not to be undone, a judge from Hungary’s (captured) constitutional court, has presented the rule of law ‘as a normative yardstick’ which is little more than an empty nineteenth century ideal and a political joker [sic] for all purposes” (Pe…
Poder atemperado. Cómo pensar, y no pensar, sobre el Estado de Derecho
El Estado de Derecho ha sido objeto de muchas más palabras rancias que de pensamientos frescos y hoy en día su aura dorada se ha atenuado. Con todo, es enormemente importante reflexionar correctamente sobre el mismo y creo que hay formas con las que esto se puede hacer mejor. El punto de partida crítico del argumento es una evaluación de los enfoques legalistas convencionales que, a pesar de las muchas diferencias que parecen importantes para sus…
Anti-Constitutional Populism
The Potential for Resilience of Institutions to Sustain The Rule of Law
The discreet charm of civility
Maria Márkus took special interest in the concept of civil society that was revived by East European dissidents and incorporated it into her account of the fundamental ideals of modernity. Modern societies were civil to the extent that they possessed a 'public sphere' that incorporated structures and mechanisms of action and communication able to form, articulate and press the interests and needs of the society on public agencies; and to defend t…
The Rule of Law: Pasts, Presents, and Two Possible Futures
The recent rise of the rule of law, from controversial legal ideal to unopposed international cliché/slogan, has rendered increasingly murky what the concept might mean, what the phenomenon might be, and what it might be worth. This article argues, nevertheless, that the concept engages with fundamental and enduring issues of politics and law, particularly the dangers of arbitrary power, and the value of its institutionalized tempering. The artic…
The Rule of Law between England and Sudan: Hay, Thompson, and Massoud
Two significant writings, one by Douglas Hay and the other by E. P. Thompson, appeared in 1976. Both sought to explain relationships between law and social (specifically, ruling-class) power in a manner that avoided treating law either simply as a coercive instrument of class domination ("vulgar Marxism"), or as a good for all "(liberal legalism"). They overlapped and each was influenced by the other, but they differed significantly, in substance…
Rule of Law (and Rechtsstaat)
In Poland everything is possible, even changes for the better’
I came across my title in a book prepared for Adam Michnik's sixtieth birthday by some of his close friends and admirers. The book included many reminders of an earlier Poland, including a transcript of a telephone conversation of 1986. Michnik was in Poland, recently released from yet another stint in jail. On the other end of the line was a group in New York, celebrating the publication of the English version of his Letters from Prison. Holding…
After Postcommunism: The Next Phase
This is a review, from a social scientific perspective, of law-related transformations in the formerly communist parts of Europe. It draws particularly on developments in East Central Europe. The frame of the discussion is a specific and interrelated group of questions: What are the distinctive features of these transformations, to what extent do these features endure, and what would it mean to say that the postcommunist region has entered a new …
Letter From Australia
Transitional Questions About the Rule of Law: Why, What, and How
Virtuous Circles: Antipodean Reflections on Power, Institutions, and Civil Society
Is There Constitutionalism After Communism: Institutional Optimism, Cultural Pessimism, and the Rule of Law
This article discusses two contrasting tendencies in thought about postcommunist experiments with constitutionalism and the rule of law: institutional optimism and cultural pessimism. The first tendency focuses on institutional design. Typically it draws on theoretical models or foreign comparisons. Often it ignores, or does not know what to make of, cultural particularity. The second emphasizes such particularity. In extreme forms it encourages …
The Constitution of the Heart
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
The Constitution of the Heart
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
Four Visions of Post‐Communist Law
Marxism and the Rule of Law: Reflections After the Collapse of Communism
This article concerns the relationship between the thought of Karl Marx and the fate of law, and the rule of law, in the communist states of the Soviet Union and east and central Europe. It takes the rule of law to be primarily an attempt to institutionalize restraint on power through law, and it takes it to be realized to a far greater extent in Western liberal democracies than in once-communist states. It argues that Marx's thought offered no s…
Marxism, Communism, and Narcissism
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
Marxism, Communism, and Narcissism: [Rejoinder]
I am grateful for the attention my article has been given, although I am not altogether sure how to interpret it. That is not a matter modesty but of cultural sociology. I sent the article to one of Poland's most distinguished historians of social thought-a former Party member and influential member of the democratic left. It prompted him to reflect that before long Marxism might come to be known and taken seriously only in those countries which …
Marxism and the Rule of Law: Reflections after the Collapse of Communism
This article concerns the relationship between the thought of Karl Marx and the fate of law, and the rule of law, in the communist states of the Soviet Union and east and central Europe. It takes the rule of law to be primarily an attempt to institutionalize restraint on power through law, and it takes it to be realized to a far greater extent in Western liberal democracies than in once-communist states. It argues that Marx's thought offered no s…
Marxism and bureaucracy: A paradox resolved
This article describes one apparently paradoxical course of development of the concept of bureaucracy within Marxism. The paradox has to do with the striking difference between the role attributed to bureaucrats by Marx and by a number of prominent members of the heretics from the Marxist tradition. In Marx's own analysis of contemporary societies, bureaucracies were rarely given a central and never a primary role. In his portrayal of the future …
Bureaucracy: The Career of a Concept
Bureaucracy: The Career of a Concept (Ideas and ideologies)
The Rule of Law: Pasts, Presents, and Two Possible Futures
The recent rise of the rule of law, from controversial legal ideal to unopposed international cliché/slogan, has rendered increasingly murky what the concept might mean, what the phenomenon might be, and what it might be worth. This article argues, nevertheless, that the concept engages with fundamental and enduring issues of politics and law, particularly the dangers of arbitrary power, and the value of its institutionalized tempering. The artic…
Virtuous Circles: Antipodean Reflections on Power, Institutions, and Civil Society
Bureaucracy: The Career of a Concept
Transitional Questions About the Rule of Law: Why, What, and How
Is There Constitutionalism After Communism: Institutional Optimism, Cultural Pessimism, and the Rule of Law
This article discusses two contrasting tendencies in thought about postcommunist experiments with constitutionalism and the rule of law: institutional optimism and cultural pessimism. The first tendency focuses on institutional design. Typically it draws on theoretical models or foreign comparisons. Often it ignores, or does not know what to make of, cultural particularity. The second emphasizes such particularity. In extreme forms it encourages …
The Rule of Law between England and Sudan: Hay, Thompson, and Massoud
Two significant writings, one by Douglas Hay and the other by E. P. Thompson, appeared in 1976. Both sought to explain relationships between law and social (specifically, ruling-class) power in a manner that avoided treating law either simply as a coercive instrument of class domination ("vulgar Marxism"), or as a good for all "(liberal legalism"). They overlapped and each was influenced by the other, but they differed significantly, in substance…
Marxism and bureaucracy: A paradox resolved
This article describes one apparently paradoxical course of development of the concept of bureaucracy within Marxism. The paradox has to do with the striking difference between the role attributed to bureaucrats by Marx and by a number of prominent members of the heretics from the Marxist tradition. In Marx's own analysis of contemporary societies, bureaucracies were rarely given a central and never a primary role. In his portrayal of the future …
Bureaucracy: The Career of a Concept (Ideas and ideologies)
Bureaucracy: The Career of a Concept
Marxism and bureaucracy: A paradox resolved
This article describes one apparently paradoxical course of development of the concept of bureaucracy within Marxism. The paradox has to do with the striking difference between the role attributed to bureaucrats by Marx and by a number of prominent members of the heretics from the Marxist tradition. In Marx's own analysis of contemporary societies, bureaucracies were rarely given a central and never a primary role. In his portrayal of the future …
Marxism and the Rule of Law: Reflections After the Collapse of Communism
This article concerns the relationship between the thought of Karl Marx and the fate of law, and the rule of law, in the communist states of the Soviet Union and east and central Europe. It takes the rule of law to be primarily an attempt to institutionalize restraint on power through law, and it takes it to be realized to a far greater extent in Western liberal democracies than in once-communist states. It argues that Marx's thought offered no s…
Marxism, Communism, and Narcissism
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
Marxism, Communism, and Narcissism: [Rejoinder]
I am grateful for the attention my article has been given, although I am not altogether sure how to interpret it. That is not a matter modesty but of cultural sociology. I sent the article to one of Poland's most distinguished historians of social thought-a former Party member and influential member of the democratic left. It prompted him to reflect that before long Marxism might come to be known and taken seriously only in those countries which …
Marxism and the Rule of Law: Reflections after the Collapse of Communism
This article concerns the relationship between the thought of Karl Marx and the fate of law, and the rule of law, in the communist states of the Soviet Union and east and central Europe. It takes the rule of law to be primarily an attempt to institutionalize restraint on power through law, and it takes it to be realized to a far greater extent in Western liberal democracies than in once-communist states. It argues that Marx's thought offered no s…
Four Visions of Post‐Communist Law
The Constitution of the Heart
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
The Constitution of the Heart
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
Virtuous Circles: Antipodean Reflections on Power, Institutions, and Civil Society
Is There Constitutionalism After Communism: Institutional Optimism, Cultural Pessimism, and the Rule of Law
This article discusses two contrasting tendencies in thought about postcommunist experiments with constitutionalism and the rule of law: institutional optimism and cultural pessimism. The first tendency focuses on institutional design. Typically it draws on theoretical models or foreign comparisons. Often it ignores, or does not know what to make of, cultural particularity. The second emphasizes such particularity. In extreme forms it encourages …
Transitional Questions About the Rule of Law: Why, What, and How
Letter From Australia
After Postcommunism: The Next Phase
This is a review, from a social scientific perspective, of law-related transformations in the formerly communist parts of Europe. It draws particularly on developments in East Central Europe. The frame of the discussion is a specific and interrelated group of questions: What are the distinctive features of these transformations, to what extent do these features endure, and what would it mean to say that the postcommunist region has entered a new …
In Poland everything is possible, even changes for the better’
I came across my title in a book prepared for Adam Michnik's sixtieth birthday by some of his close friends and admirers. The book included many reminders of an earlier Poland, including a transcript of a telephone conversation of 1986. Michnik was in Poland, recently released from yet another stint in jail. On the other end of the line was a group in New York, celebrating the publication of the English version of his Letters from Prison. Holding…
Rule of Law (and Rechtsstaat)
The Rule of Law: Pasts, Presents, and Two Possible Futures
The recent rise of the rule of law, from controversial legal ideal to unopposed international cliché/slogan, has rendered increasingly murky what the concept might mean, what the phenomenon might be, and what it might be worth. This article argues, nevertheless, that the concept engages with fundamental and enduring issues of politics and law, particularly the dangers of arbitrary power, and the value of its institutionalized tempering. The artic…
The Rule of Law between England and Sudan: Hay, Thompson, and Massoud
Two significant writings, one by Douglas Hay and the other by E. P. Thompson, appeared in 1976. Both sought to explain relationships between law and social (specifically, ruling-class) power in a manner that avoided treating law either simply as a coercive instrument of class domination ("vulgar Marxism"), or as a good for all "(liberal legalism"). They overlapped and each was influenced by the other, but they differed significantly, in substance…
The discreet charm of civility
Maria Márkus took special interest in the concept of civil society that was revived by East European dissidents and incorporated it into her account of the fundamental ideals of modernity. Modern societies were civil to the extent that they possessed a 'public sphere' that incorporated structures and mechanisms of action and communication able to form, articulate and press the interests and needs of the society on public agencies; and to defend t…
The Potential for Resilience of Institutions to Sustain The Rule of Law
Anti-Constitutional Populism
Poder atemperado. Cómo pensar, y no pensar, sobre el Estado de Derecho
El Estado de Derecho ha sido objeto de muchas más palabras rancias que de pensamientos frescos y hoy en día su aura dorada se ha atenuado. Con todo, es enormemente importante reflexionar correctamente sobre el mismo y creo que hay formas con las que esto se puede hacer mejor. El punto de partida crítico del argumento es una evaluación de los enfoques legalistas convencionales que, a pesar de las muchas diferencias que parecen importantes para sus…
Well-Tempered Power: ‘A Cultural Achievement of Universal Significance’
According to Laurent Pech, the rule of law was described as a “‘buzzword’ by [Hungary’s] justice minister; a fiction by a Fidesz MP; and a ‘magic word’ by the Fidesz-KDNP Delegation to the European Parliament. Not to be undone, a judge from Hungary’s (captured) constitutional court, has presented the rule of law ‘as a normative yardstick’ which is little more than an empty nineteenth century ideal and a political joker [sic] for all purposes” (Pe…
Political science (20 works) · Law (19 works) · Sociology (15 works) · Politics (13 works) · Law (10 works) · Law and economics (9 works) · Judicial and Constitutional Studies (8 works) · Rule of law (7 works) · Communism (6 works) · Economics (5 works)