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The Stability and Dynamics of Vague Legal Concepts as the Central Core and Periphery of Social Representations1

Open Access
|Dec 2024

Abstract

In a related project, the social representation of public order among legal professionals has been explored by means of semi-structured interviews (Smejkalová et al. 2022). The participants of this research represent public order, inter alia, as a stable safeguard of fundamental social values while recognizing its vagueness and inherent propensity for change. This contradiction between its purpose to provide stability while being subject to social or temporal contexts seems akin to the structural approach to social representations.

The social representations approach (Moscovici 1961, 2001) is an approach used in social psychology, rooted in the idea that social objects or phenomena must be represented by a social group in order to perform any kind of social function. Within this approach, a structural (Abric 1993) differentiation between a stable, normative central core of a social representation, and flexible periphery has been developed. The contradictions between the stability and dynamics of public order the participants talk about are not dissimilar from the theoretical considerations of the structural approach to social representation. Moreover, Moscovici’s (2001) and Wachelke’s (2012) framing of social representations especially resonates when applied to public order, pointing towards its role as a system facilitating communication and orientation within a social group.

The present study utilizes the data available from the transcripts of these interviews with a single focus on the themes of dynamics and stability. It aims to discuss these themes across various disciplines, offering links that might have been overlooked. This study further underscores the usefulness of the social representation approach in legal conceptualization, advocating for the necessity of more synthetic approaches merging philosophy, linguistics (semiotics), social psychology, and law to enrich further understanding in this domain.

DOI: https://doi.org/10.2478/slgr-2024-0004 | Journal eISSN: 2199-6059 | Journal ISSN: 0860-150X
Language: English
Page range: 489 - 513
Published on: Dec 31, 2024
Published by: University of Białystok
In partnership with: Paradigm Publishing Services
Publication frequency: 4 issues per year
Related subjects:

© 2024 Terezie Smejkalová, published by University of Białystok
This work is licensed under the Creative Commons Attribution 4.0 License.