{"title":"捷克法律风格中的“公共秩序”概念","authors":"Terezie Smejkalová, Markéta Štěpáníková","doi":"10.5817/cz.muni.p210-9972-2021-1","DOIUrl":null,"url":null,"abstract":"In this paper, we report the findings of a part of a wider complex research related to social representations approach in understanding vague legal concepts. In the course of our research, we have explored our participants’ understanding of public order in a very similar setting to the one presented in this case. Their understanding seems to suggest that although public order points towards basic values of a given society, some of our participants suggest that it is a concept whose interpretation remains strictly legal, confining the judge to – sometimes incomplete – information provided by formal legal sources or legal doctrine. While such a confinement may result in weak argumentation, we believe it may also be explainable in terms of normativist and formalistic tendencies present in the Czech legal culture.","PeriodicalId":346548,"journal":{"name":"Argumentation 2021","volume":"37 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Conceptualization of ‘Public Order’ within Czech Legal Style\",\"authors\":\"Terezie Smejkalová, Markéta Štěpáníková\",\"doi\":\"10.5817/cz.muni.p210-9972-2021-1\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"In this paper, we report the findings of a part of a wider complex research related to social representations approach in understanding vague legal concepts. In the course of our research, we have explored our participants’ understanding of public order in a very similar setting to the one presented in this case. Their understanding seems to suggest that although public order points towards basic values of a given society, some of our participants suggest that it is a concept whose interpretation remains strictly legal, confining the judge to – sometimes incomplete – information provided by formal legal sources or legal doctrine. While such a confinement may result in weak argumentation, we believe it may also be explainable in terms of normativist and formalistic tendencies present in the Czech legal culture.\",\"PeriodicalId\":346548,\"journal\":{\"name\":\"Argumentation 2021\",\"volume\":\"37 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"1900-01-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Argumentation 2021\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.5817/cz.muni.p210-9972-2021-1\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Argumentation 2021","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.5817/cz.muni.p210-9972-2021-1","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
Conceptualization of ‘Public Order’ within Czech Legal Style
In this paper, we report the findings of a part of a wider complex research related to social representations approach in understanding vague legal concepts. In the course of our research, we have explored our participants’ understanding of public order in a very similar setting to the one presented in this case. Their understanding seems to suggest that although public order points towards basic values of a given society, some of our participants suggest that it is a concept whose interpretation remains strictly legal, confining the judge to – sometimes incomplete – information provided by formal legal sources or legal doctrine. While such a confinement may result in weak argumentation, we believe it may also be explainable in terms of normativist and formalistic tendencies present in the Czech legal culture.