Journal of the Charles University Law Faculty
Martin Koloušek
Author’s affiliation:
Faculty of Law, Charles University in Prague
Law as a means of solving disputes or as an ideal normative world?
Jurisprudence 1/2026 Section: Articles Page: 7-11
DOI: https://doi.org/10.71372/TLOU2578
Keywords: concept of law; legal norm; normative theory; discursive theory; conflict
Abstract: The article deals with the conceptual shift in the perception of law. It examines the dualism in understanding law as a normative world and as the result of discourse and conflict. This dualism has been present since the beginnings of the history of philosophy and is not limited only to differences between continental and Anglo-American law. The current shift in continental law towards judicialization is analyzed in the context of its consequences for democracy, legal certainty, and the rule of law.
