Discourses on Judicial Formalism in Central and Eastern Europe

Symptom of an Inferiority Complex

Bibliographic Data

ID12418119
AuthorsPéter Cserne (0000-0002-4302-1931, Northumbria University, corresponding author)
Year2020
Volume28
Issue6
Pages880-891
Publication date2020-03-24
Open AccessYes
TypeARTICLE
VenueEuropean Review (JOURNAL)
Journal identifiersISSN: 1062-7987 • E-ISSN: 1474-0575
PublisherCambridge University Press (CUP) (PUBLISHER)
DOI10.1017/s1062798720000320
OpenAlexW3013950291
LanguageEN
Citations received2
References cited21

Post-communist Central and Eastern European legal cultures in general, and judicial style in particular, are often characterized as formalistic. This article reconstructs two ideological narratives about the formalist heritage of CEE judiciary, variants of which have dominated academic and policy debates about rule of law, judicial reforms and European integration in the last three decades. As the debate becomes linked to deeply rooted and long-term, sometimes traumatic issues of national and political identity, patterns of ideological thinking resurface easily. While it is symptomatic of CEE political cultures that the debate on judicial method has become a battleground for fierce controversies about collective (political) identity, arguably this exemplifies a broader phenomenon. Other weak or peripheral national cultures also face and struggle with issues of collective identity and inferiority complexes which may resurface in professional discourses and seemingly unpolitical domains

Aesthetics · Collective identity · Formalism (music · Identity (music · Identity politics · Ideology · Legal culture · Narrative · Political economy · Political science · Politics · Sociology · European and International Law Studies · Gender Studies · Judicial and Constitutional Studies · Law · Law in Society and Culture · Philosophy

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