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The Shamanic Ritual of the European Court of Justice

Stanislovas Tomas

preprint DOI: 10.2139/ssrn.970432 (opens in new tab)

Study at a glance

AI-extracted from the abstract
Characteristics Theoretical or philosophical paper
Topics Shamanism
Key points Argues that legal principles are analogous to shamanic spirits and judges to shamans, proposing a re-conceptualization of legal terminology through the lens of shamanism, with the European Court of Justice as an illustrative case.

Abstract

The paper considers shamanism as an analytical model for the analysis of case-law making. The main hypothesis of this approach is that a legal principle is a contemporary analogue to a shamanic spirit, and therefore, a judge is a contemporary shaman. This theory suggests replacing such words as article, case and legal act by the notion of an amulet where spirits live. The paper represents an enlargement of the constitutional atheism proclaimed by legal postmodernism. The European Court of Justice performs the role of a practical example.

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