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/lp/brill/shifts-in-the-multiple-justifications-of-minority-protection-65dwUbXORd
- Publisher
- Brill
- Copyright
- Copyright © Koninklijke Brill NV, Leiden, The Netherlands
- eISSN
- 2211-6117
- DOI
- 10.1163/22116117-90001627
- Publisher site
- See Article on Publisher Site
Abstract
Part I Articles A. GENERAL ARTICLES SECTION Sia Spiliopoulou Åkermark * Shifts in the Multiple Justifi cations of Minority Protection I. Why Speak Again of the Justifications of Minority Protection? Justificatory Chains and the ‘Deep Structure of Law’ In social sciences in general and in the science of law in particular, it is almost impos- sible to describe the causal paths that resulted in the adoption of a particular piece of legislation, and even more diffi cult to discern shifts in perceptions of a legal system or of a society. Th e usual methodological approach of social scientists is therefore to look at the multiplicity of factors and variables aff ecting a social phenomenon and to try to create an explanatory model for such phenomena. Indeed, in law in particular it is crucial to be able to account for the justifi cations underpinning a piece of legisla- tion or a legal reasoning in a court decision. Th e formal legality of a legal product is linked to its substantive legitimacy as well as to its sociopolitical embeddedness. Formal legality relies upon the processes of adoption of a court decision or a piece of legislation, whereas substantive legitimacy is concerned
Journal
European Yearbook of Minority Issues Online – Brill
Published: Feb 9, 2010