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Eternal recurrences - comeback of mediaeval thoughts

Publication at Faculty of Law |
2014

Abstract

This paper deals with the topic of (partial) comeback of mediaeval thoughts, which could be discovered in the concept of modern (national) state. First of theme is a model of nonterritorial (personal) law (making exceptions of common rule because of someone's confession, sex, race etc.).

Second is the states' incapability of (autonomous) formulating aims of government - states' decisions do not take common goointo consideration, but they focus on particular (e.g. unions or other lobby groups) interests. Another example refers about state weakening in the field of global acting as a result of polycentric net development. (There are no central cores, but a net consisting of state/national, supranational and subnational cooperating entities.) Finally paper shows nowadays law-making plurality (mainly statute law and judge-made law is underlined, but also law principles are mentioned).