The Collapse of Totalitarian Regimes in Eastern Europe and the International Rule of Law

2017 ◽  
pp. 329-344
Author(s):  
Dencho Georgiev
Keyword(s):  
Eastern Europe ◽  
Rule Of Law ◽  
Totalitarian Regimes ◽  
International Rule

From Black Death to Black Hole

2018 ◽  
Author(s):  
Marcin Piatkowski
Keyword(s):  
Economic Development ◽  
Black Hole ◽  
Sixteenth Century ◽  
Eastern Europe ◽  
Rule Of Law ◽  
Western Europe ◽  
Black Death ◽  
European Continent ◽  
The Past

In this chapter I explain why Poland and most countries in Eastern Europe have always lagged behind Western Europe in economic development. I discuss why in the past the European continent split into two parts and how Western and Eastern Europe followed starkly different developmental paths. I then demonstrate how Polish oligarchic elites built extractive institutions and how they adopted ideologies, cultures, and values, which undermined development from the late sixteenth century to 1939. I also describe how the elites created a libertarian country without taxes, state capacity, and rule of law, and how this ‘golden freedom’ led to Poland’s collapse and disappearance from the map of Europe in 1795. I argue that Polish extractive society was so well established that it could not reform itself from the inside. It was like a black hole, where the force of gravity is so strong that the light could not come out.

scholarly journals Judicial authority, legitimacy and the (international) rule of law as essentially contested and interpretive concepts: Introduction to the special issue

2021 ◽  
Vol 10 (1) ◽  
pp. 75-90
Author(s):  
KNUT TRAISBACH
Keyword(s):  
Rule Of Law ◽  
Special Issue ◽  
Ronald Dworkin ◽  
Final Point ◽  
The Rule Of Law ◽  
Trade Offs ◽  
Judicial Authority ◽  
International Rule

AbstractBeyond setting the stage, the Introduction makes three claims about the conceptual triangle of the rule of law, judicial authority and legitimacy. The first is that all three are essentially contested and interpretive concepts in the sense of Walter B. Gallie and Ronald Dworkin. In their expositions, the contested and interpretative nature of such concepts is nothing to be ‘solved’, rather the formulation of different conceptions and contestation about them are central functions of such concepts. The interpretive and essentially contested nature points us to the relevant ‘actors’ and to conflicts and trade-offs between contested competencies. Thus the second point is that arguments about the rule of law and judicial legitimacy are often a means of questioning or securing the authority of a particular actor or institution in relation to other actors and institutions. The final point is that transposing concepts from the domestic to the supranational is a constructive endeavour because it entails creating new conceptions and substituting old ones as well as legitimising new authorities and delegitimising old ones. Thus, this special issue also cautions against discourses that ultimately are more about legitimation than about legitimacy and more about new ways of ruling than the rule of law.

scholarly journals State-building for the market economy in Eastern Europe

2020 ◽  
Vol 70 (4) ◽  
pp. 471-491
Author(s):  
Paul Hare
Keyword(s):  
Eastern Europe ◽  
Rule Of Law ◽  
Law And Economics ◽  
Recent Analysis ◽  
The Rule Of Law ◽  
State Institutions ◽  
Role Of The State ◽  
New States ◽  
The Eu

AbstractKornai's earlier works embodied the idea that state institutions formed a system with a strong tendency to reproduce itself, and hence to resist minor reforms. Thus, at the end of socialism, huge changes were needed in politics, economics, and the law to build a new system oriented towards the market-type economy, which would again be stable, self-reinforcing and self-sustaining. Transition promoted the development of new states in Eastern Europe that conformed to the Copenhagen criteria for the EU accession. Were we too hasty in thinking that we had succeeded? The new systems are not returning to the previous one, and only in a few areas have the basic norms of a market-type economy been set aside in Hungary or Poland. But concerns arise at the interface between politics, law and economics – to do with the rule of law, the nature and role of the state, and the interactions between parliament, the executive and the judiciary. Unavoidably, there is also an interesting international dimension here, represented by the shift from the Warsaw Pact and CMEA to NATO and the EU. This paper explores these issues in the light of some of Kornai's recent analysis of developments in Hungary, while also drawing on his very insightful earlier works.

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