Tvorba práva – empirické studie
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Law is a human activity endowed with symbolic power. Lawyers are people with the ability to understand texts that not everyone understands. This orientation gives them the ability to manoeuvre in nooks and crannies of society better than others. They are indispensable for many acts, some others cannot be carried out without at least the physical presence of texts of a legal nature (e.g. the contracts we sign). It is almost impossible to find a conduct that is not a subject to legal regulation, even when the lawyers or their texts are not physically present. Even in such a case, however, the conduct is subject to the law, which is expressed by the text. Legal texts are descriptions of the world in the way it ought to look. They say what to do when a baby is born, when a person dies, when we want to build a house or how we can make a living. They are special instructions for life. French sociologist Pierre Bourdieu compared the law to the mythical systems of cultures older than our Western society. Law is a cumulative field and builds on what has been said (even when it defies its predecessors) and develops, rather than denies, the existing language. This book you are holding is the result of an interdisciplinary research that stemming from the fields of law, sociology and linguistics. Its aim is to open the way to understanding how texts endowed with social magic - legal regulations (laws) - arise. In contrast to mythical narratives, there are specific people behind those text, whom we can talk about the writing process. It is primarily the legislators, i.e. employees of the legislative departments of ministries, who are in charge of drafting legislative proposals. Individual parts of this book answer questions related to the creation of legal texts, specifically the texts of laws on the basis of established theory and empirical data from in-depth interviews. What is the social practice of “writing” or “drafting” a legislative text? Who and what influences the final form of the law? Who is the author and what is it like to be a legislator? And can writing a text affect its interpretation?