Searching for Legal Identities through Narratives about the Habsburg Times: Czech Republic and Hungary

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Authors

ŠTĚPÁNÍKOVÁ Markéta MATYASOVSZKY-NÉMETH Márton

Year of publication 2023
Type Chapter of a book
MU Faculty or unit

Faculty of Law

Citation
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Description The Czech Republic and Hungary have many things in common, but the main focus of this chapter is the Austro-Hungarian heritage in their respective legal and constitutional identities and its influence on their legal system today. In the first part, the historical roots of this heritage will be presented through legal, social and artistic examples. Our aim is to highlight and explain both similarities and differences between Czechia and Hungary in their standing within the monarchy. In the second part, we shall demonstrate by having recourse to law and literary fiction that the two countries embraced different modes of dealing with the Habsburg legal heritage after World War I and in their recent legal system. The main argument will emphasize the label ‘Golden Era’ as a key to understanding opposing approaches to Habsburg heritage concerning Czech and Hungarian legal identity. In the final part, we shall offer some reasons for these differences and will unveil their consequences through arguments based both on a legal theoretical and Law and Literature perspective.
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