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Shifts in the Multiple Justifications of Minority Protection

Shifts in the Multiple Justifications of Minority Protection 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 http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png European Yearbook of Minority Issues Online Brill

Shifts in the Multiple Justifications of Minority Protection

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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 OnlineBrill

Published: Feb 9, 2010

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