Call for Papers Special Issue/special section of Bratislava Law Review: “Unwritten Sources of Law”

04-03-2025

Theme Overview:

Unwritten sources of law, such as customs, principles of justice, traditions, and natural law, have long influenced the development of legal frameworks. In some areas, they operate as vital complements to written statutes, while in others, they shape the essence of legal norms and judicial reasoning.  At the same time, they can contribute to the flexibility of legal order and its readiness for the current dynamic environment. However, they can be also considered uncertain, and their democratic legitimacy can be challenged due to the irreplaceable importance of the judiciary in their confirmation.

This special issue aims to examine unwritten law through a variety of lenses, including but not limited to:

  • Constitutional Law: The role of unwritten constitutional principles in judicial decision-making and constitutional interpretation, including the significance of constitutional customary traditions in shaping governance practices, institutional norms, and democratic continuity.
  • Theory of Law and Jurisprudence: Philosophical inquiries into the nature, legitimacy, and evolution of unwritten law.
  • Philosophy of Law: The philosophical underpinnings of unwritten sources of law, including natural law theory, legal positivism, the role of moral reasoning, and sociological approaches to legal norms.
  • Legal History: Historical analyses of how unwritten law has guided the development of legal systems and influenced key legal traditions.
  • Human Rights: The influence of unwritten moral principles and international norms in shaping human rights protections.
  • International Law: Customary international law and the unwritten principles shaping global legal order.
  • International Commercial Law: The role of trade customs, industry practices, and unwritten agreements in shaping the regulation of global commerce.
  • EU Law: The role of unwritten principles such as subsidiarity, proportionality, and the general principles of EU law in shaping the legal order of the European Union, as well as the evolving role of soft law instruments and unwritten practices in member states' compliance.
  • IT Law: The challenges posed by emerging technologies where legal principles are yet to be codified, relying instead on evolving norms and ethical standards.

 

We encourage submissions that engage with these themes from both theoretical and practical perspectives, drawing on historical, comparative, or contemporary contexts. Contributions from scholars of law, philosophy, political science, and related disciplines are especially welcome.

 

Submission Guidelines:

Deadline for Submissions: April 30, 2025.

Anticipated Publication Date: October 30, 2025.

Manuscript Length: Articles shall have a length of 28000-36000 characters (except the title, abstract, tables, figures, and references list).

Formatting: Submissions should follow the Bratislava Law Review style guidelines, which can be found on our website.

Submission Process: Please submit your manuscripts via the journal webpage which enables authors to follow the editorial process.

All submissions will undergo a double-blind peer-review process to ensure academic rigor and quality. For more details about our review policy see here.

 

For queries: should you have any questions or require further information, please contact us at blr@flaw.uniba.sk

 

We look forward to receiving your contributions and to advancing the discourse on this pivotal topic.

 

Sincerely,

Ondrej Blažo
Editor-in-Chief
Bratislava Law Review