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C. Varga (1995)
Theory of the Judicial Process: The Establishment of Facts
ZDENEK K0HN* Worlds Apart: Western and Central European Judicial Culture at the Onset of the European Enlargement In May 2004, ten new countries, all bu t two from Cen tra l and Easter n Europe, joined the EU. Suddenly, the Euro pean judiciary encompassed a panoply of courts which have jus t emerged from decades under communist rule. The prob lematic background of th e post-communist judiciary discour ages many legal experts. The soon to be European judges come from authoritarian and totalitarian traditions; they were trained under a centrally planned economy; and last but not least, many of the m received a legal education which might be considered rather problematic from the Western view. In this article, I would like to explore the legal culture and judicial methodology prevailing in post-Communist Eu rope. The first part deals with th e transformatio n during th e last century of continental law and its legal reasoning and judicial methodology. In contrast, the second part shows a very different development in nations of "really existing so- cialism,"as they were often called, with the emphasis on th e post-Stalinist decades. The decline of law and th e judiciary in communist societies also
American Journal of Comparative Law – Oxford University Press
Published: Jul 1, 2004
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