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    Hoe was het met de Nederlandse rechtsfilosofie gesteld in de eerste jaren na de bevrijding? In die periode lag binnen de Vereniging voor Wijsbegeerte des Rechts (VWR) het accent op de verhouding tussen recht en gerechtigheid in het licht van het recente verleden. Dit artikel bespreekt interventies van drie actieve VWR-leden in de jaren 1946-1949: C.M.O. van Nispen tot Sevenaer, I. Kisch en G.E. Langemeijer. Gelet op het sterke accent op de relatie tussen recht en moraal in deze periode, is het niet verwonderlijk dat de rechtsfilosofie van Gustav Radbruch destijds binnen de VWR veel bijval kreeg. Wat was Radbruchs invloed op deze drie rechtsfilosofen? Het artikel besluit met een bespreking van de herdenkingsrede die VWR-voorzitter M.P. Vrij in 1949 uitsprak bij het dertigjarig bestaan. Deze rede markeert het eindpunt van vier jaar van intensieve aandacht voor de rechtsfilosofische implicaties van de ervaring van juridisch onrecht.


Wouter Veraart
Wouter Veraart is hoogleraar Rechtsfilosofie aan de Vrije Universiteit Amsterdam.
Article

The Sovereign Strikes Back

A Judicial Perspective on Multi-Layered Constitutionalism in Europe

Journal European Journal of Law Reform, Issue 2-3 2018
Keywords Constitutional identity, constitutionalism, fragmentation, globalization, multilayered constitution, sovereignty, trust
Authors Renáta Uitz and András Sajó
AbstractAuthor's information

    The supranational web of public law is often described as a new constitutionalism. It emerged in a globalized world together with global markets. In the course of the multilayered constitutional experiment, the old, national constitutional framework had lost its ability to deliver on the key features associated with constitutionalism: limiting the exercise of political powers and preventing the arbitrary exercise thereof. In the multilayered era it has become difficult to pinpoint the centre of authority. Ultimately, someone needs to govern, if not for other reasons, at least to avoid chaos. Is it possible to have the guarantees of freedom, rule of law and efficiency that a constitutional democracy seems to provide in a system where there is no sovereign with authority?


Renáta Uitz
Renáta Uitz is Professor, Chair of the Comparative Constitutional Law Program, Department of Legal Studies, Central European University, Budapest.

András Sajó
András Sajo is University Professor, Central European University, Budapest. This volume (The EU Bill of Rights’ Diagonal Application to Member States. Ed. Csongor István Nagy) was published as part of the research project of the HAS-Szeged Federal Markets ‘Momentum’ Research Group.

    Indigenous claims have challenged a number of orthodoxies within state legal systems, one of them being the kinds of proof that can be admissible. In Canada, the focus has been on the admissibility and weight of oral traditions and histories. However, these novel forms are usually taken as alternative means of proving a set of facts that are not in themselves “cultural”, for example, the occupation by a group of people of an area of land that constitutes Aboriginal title. On this view, maps are a neutral technology for representing culturally different interests within those areas. Through Indigenous land use studies, claimants have been able to deploy the powerful symbolic capital of cartography to challenge dominant assumptions about “empty” land and the kinds of uses to which it can be put. There is a risk, though, that Indigenous understandings of land are captured or misrepresented by this technology, and that what appears neutral is in fact deeply implicated in the colonial project and occidental ideas of property. This paper will explore the possibilities for an alternative cartography suggested by digital technologies, by Indigenous artists, and by maps beyond the visual order.


Kirsten Anker Ph.D.
Associate Professor, McGill University Faculty of Law, Canada. Many thanks to the two anonymous reviewers for their frank and helpful feedback.
Article

Access_open Dworkin’s Rights Conception of the Rule of Law in Criminal Law

Should Criminal Law be Extensively Interpreted in Order to Protect Victims’ Rights?

Journal Netherlands Journal of Legal Philosophy, Issue 2 2017
Keywords Klaas Rozemond, Ronald M. Dworkin, Legality in criminal law, Rights conception of the rule of law, Legal certainty
Authors Briain Jansen
AbstractAuthor's information

    The extensive interpretation of criminal law to the detriment of the defendant in criminal law is often problematized in doctrinal theory. Extensive interpretation is then argued to be problematic in the light of important ideals such as democracy and legal certainty in criminal law. In the Dutch discussion of this issue, Klaas Rozemond has argued that sometimes extensive interpretation is mandated by the rule of law in order to protect the rights of victims. Rozemond grounds his argument on a reading of Dworkin’s distinction between the rule-book and the rights conception of the rule of law. In this article, I argue that Dworkin’s rights conception, properly considered, does not necessarily mandate the imposition of criminal law or its extensive interpretation in court in order to protect victims’ rights.


Briain Jansen
Briain Jansen is als promovendus rechtstheorie verbonden aan de Erasmus Universiteit Rotterdam.

Marc Kraus
Marc Kraus LLM, is based in Amsterdam and works at Dialogue BV, The Netherlands.
Article

Asymmetry as an Instrument of Differentiated Integration

The Case of the European Union

Journal European Journal of Law Reform, Issue 2 2016
Keywords asymmetry, comparative and EU law, differentiated integration, crisis, economic governance
Authors Giuseppe Martinico
AbstractAuthor's information

    This article offers a reflection on asymmetry as an instrument of differentiated integration in the current phase of the EU integration process. As for the structure, this work is divided into four parts: First, I shall clarify what I mean by asymmetry as an instrument of integration relying on comparative law. This comparative exercise is particularly useful because it allows us to acknowledge the strong integrative function performed by asymmetry in contexts different from but comparable to the EU system. Second, I shall look at EU law and recall the main features of asymmetry in this particular legal system. In the third part of the article I shall look at the implications of the financial crisis, which has increased the resort to asymmetric instruments. In the last part I shall deal with some recent proposals concerning the differentiated representation of the Eurozone. The idea of differentiated integration and that of asymmetry have been extended and adapted to many different processes by scholars over the years, but to avoid misunderstandings I would like to make clear that in this work I shall analyse those forms of asymmetries that are allowed and carried out only when respect for an untouchable core of integration is guaranteed. This is crucial to conceive asymmetry as an instrument of integration.


Giuseppe Martinico
Associate Professor of Comparative Public Law, Scuola Sant’Anna, Pisa; Research Fellow, Centre for Studies on Federalism, Turin; Honorary Professor at the European law research centre, University of Henan, Kaifeng, China. Article Completed on 23 February 2016. This article is part of the project "Gobernanza económica europea y transformación constitucional”, (MINECO, DER2014-57116P).

    This article sets out to contribute to the special issue devoted to multi-disciplinary legal research by discussing first the limits of purely doctrinal legal research in relation to a particular topic and second the relevant considerations in devising research that (inter alia) draws on non-legal, auxiliary disciplines to ‘fill in’ and guide the legal framework. The topic concerned is the (analysis of the) fundamental rights of minorities.
    The article starts with a long account of the flaws in the current legal analysis of the European Court of Human Rights regarding minorities’ rights, particularly the reduction in its analysis and the related failure to properly identify and weigh all relevant interests and variables. This ‘prelude’ provides crucial insights in the causes of the flaws in the Court’s jurisprudence: lack of knowledge (about the relevant interests and variables) and concerns with the Court’s political legitimacy.
    The article goes on to argue for the need for multi-disciplinary legal research to tackle the lack of knowledge: more particularly by drawing on sociology (and related social sciences) and political philosophy as auxiliary disciplines to identify additional interests and variables for the rights analysis. The ensuing new analytical framework for the analysis of minorities’ rights would benefit international courts (adjudicating on human rights) generally. To operationalise and refine the new analytical framework, the research should furthermore have regard to the practice of (a selection of) international courts and national case studies.


Kristin Henrard
Professor of minorities and fundamental rights at the Erasmus School of Law.
Article

Access_open ‘Boxing’ Choices for Better Dispute Resolution

Journal International Journal of Online Dispute Resolution, Issue 1 2014
Keywords dispute resolution, decision support, interactive visualization, collaborative deliberation, choice-making
Authors Marc Lauritsen
AbstractAuthor's information

    Choosing among alternatives that vary in multiple ways you care about is one of the most fundamental mental activities, and one that is part of nearly all forms of cognition. Decisional processes often primarily involve balancing competing considerations. When multiple parties with conflicting interests are present, strategic interactions add to the complexity. This article explores opportunities for interactive visualizations in support of such processes, using as background a current software project that is developing systems for collaborative deliberation about choices.


Marc Lauritsen
President of Capstone Practice Systems, Legal Systematics, and All About Choice. The author has served as a poverty lawyer, directed the clinical program at Harvard Law School, and done path-breaking work on document drafting and decision support systems. He is a fellow of the College of Law Practice Management and co-chairs the American Bar Association’s eLawyering Task Force.

Paul B. Larsen
The author taught air and space law for more than 40 years respectively at Southern Methodist University and at Georgetown University. He is co-author of Larsen,Sweeney and Gilick, Aviation Law, Cases, Laws and Related Sources, second edition (Martinus Nijhof, 2012) ad of Lyall and Larsen, Space Law A Treatise (Ashgate 2009).
Article

Access_open On Fragments and Geometry

The International Legal Order as Metaphor and How It Matters

Journal Erasmus Law Review, Issue 1 2013
Keywords international law, fragmentation, archaeology, Foucault, geometry
Authors Nikolas M. Rajkovic
AbstractAuthor's information

    This article engages the narrative of fragmentation in international law by asserting that legal academics and professionals have failed to probe more deeply into ‘fragmentation’ as a concept and, more specifically, as a spatial metaphor. The contention here is that however central fragmentation has been to analyses of contemporary international law, this notion has been conceptually assumed, ahistorically accepted and philosophically under-examined. The ‘fragment’ metaphor is tied historically to a cartographic rationality – and thus ‘reality’ – of all social space being reducible to a geometric object and, correspondingly, a planimetric map. The purpose of this article is to generate an appreciation among international lawyers that the problem of ‘fragmentation’ is more deeply rooted in epistemology and conceptual history. This requires an explanation of how the conflation of social space with planimetric reduction came to be constructed historically and used politically, and how that model informs representations of legal practices and perceptions of ‘international legal order’ as an inherently absolute and geometric. This implies the need to dig up and expose background assumptions that have been working to precondition a ‘fragmented’ characterization of worldly space. With the metaphor of ‘digging’ in mind, I draw upon Michel Foucault’s ‘archaeology of knowledge’ and, specifically, his assertion that epochal ideas are grounded by layers of ‘obscure knowledge’ that initially seem unrelated to a discourse. In the case of the fragmentation narrative, I argue obscure but key layers can be found in the Cartesian paradigm of space as a geometric object and the modern States’ imperative to assert (geographic) jurisdiction. To support this claim, I attempt to excavate the fragment metaphor by discussing key developments that led to the production and projection of geometric and planimetric reality since the 16th century.


Nikolas M. Rajkovic
Lecturer in International Law at the University of Kent Law School. Contact: n.rajkovic@kent.ac.uk. The research for this article was supported by a Jean Monnet Fellowship from the Global Governance Programme of the Robert Schuman Centre for Advanced Studies, European University Institute. Further support was given for the presentation and discussion of earlier drafts by COST Action IS1003 “International Law between Constitutionalization and Fragmentation”, the Institute for Global Law and Policy of the Harvard Law School, the Kent Law School and the International Studies Association (San Francisco Annual Convention). I am indebted to the helpful feedback of Tanja Aalberts, Katja Freistein, Alexis Galan, Harry Gould, Outi Korhonen, Philipe Liste, Nicholas Onuf, Kerry Rittich, Harm Schepel, Anna Sobczak, Peter Szigeti, Wouter Werner and the two anonymous reviewers.

Yvon Henri
Chief Space Services Department Radiocommunication Bureau, ITU, Yvon.henri@itu.int.

Prof. Sergio Marchisio
Sergio Marchisio, full professor of international law at the Sapienza University of Rome, chaired the five sessions of the UNIDROIT Committee of Governmental Experts entrusted to negotiate the Protocol on Space Assets, and the Committee of the Whole of the 2012 Berlin Diplomatic Conference which successfully adopted the draft and opened it for signature.

Gábor Hamza
Professor of Law at the Eötvös Loránd University, Budapest. This article is based on his inaugural lecture delivered on 6 October 2004 at the Hungarian Academy of Sciences.

Maya Sion-Tzidkiyahu
PhD candidate, Department of Political Science and the European Forum, and Jean Monnet Lecturer, Hebrew University, Jerusalem. I would like to thank Guy Harpaz and the anonymous readers for their useful and constructive comments. An early version of this article was presented at the conference The Lisbon Reform Treaty: Internal and External Implications, 13-14 July 2008 in the Hebrew University of Jerusalem. Comments to mayasion@mscc.huji.ac.il are welcomed.
Article

SPACE DEBRIS MITIGATION MEASURES AND COST ISSUES

Journal International Institute of Space Law, Issue 7 2011
Authors Carsten Wiedemann, Marek Möckel, Sven Flegel e.a.
Author's information

Carsten Wiedemann
Institute of Aerospace Systems, Technische Universität Braunschweig, Hermann-Blenk-Str. 23, 38108 Braunschweig, Germany, c.wiedemann@tu-bs.de

Marek Möckel
Institute of Aerospace Systems, Technische Universität Braunschweig, Hermann-Blenk-Str. 23, 38108 Braunschweig, Germany, c.wiedemann@tu-bs.de

Sven Flegel
Institute of Aerospace Systems, Technische Universität Braunschweig, Hermann-Blenk-Str. 23, 38108 Braunschweig, Germany, c.wiedemann@tu-bs.de

Johannes Gelhaus
Institute of Aerospace Systems, Technische Universität Braunschweig, Hermann-Blenk-Str. 23, 38108 Braunschweig, Germany, c.wiedemann@tu-bs.de

Vitali Braun
Institute of Aerospace Systems, Technische Universität Braunschweig, Hermann-Blenk-Str. 23, 38108 Braunschweig, Germany, c.wiedemann@tu-bs.de

Manuel metz
DLR, Space Administration, Königswinterer Str. 522-524, 53227 Bonn, Germany

Peter Vörsmann
Institute of Aerospace Systems, Technische Universität Braunschweig, Hermann-Blenk-Str. 23, 38108 Braunschweig, Germany, c.wiedemann@tu-bs.de
Article

Space Situational Awareness: Key to a New Space Security Architecture

Peace in Space: Transparency and Confidence Building Measures

Journal International Institute of Space Law, Issue 2 2009
Authors S.A. Kaiser

S.A. Kaiser
Article

Access_open Opening Pandora's Box: Historical Comments on Bonnie Honig's Paradoxes in Democratic Theory

Journal Netherlands Journal of Legal Philosophy, Issue 2 2008
Keywords character, contract, making, reputatie, claim, leasing, arrangement, interest, verzoekschrift
Authors I. Haan

I. Haan
Article

Chinese Anti-Satellite Weapons: New Power Geometry - New Legal Policy?

The 40th Anniversary of the Outer Space Treaty and Other Legal Matters

Journal International Institute of Space Law, Issue 5 2007
Authors S.A. Kaiser

S.A. Kaiser
Article

The Impact of Orbital Debris on Commercial Space Systems

Other Legal Issues

Journal International Institute of Space Law, Issue 4 2001
Authors T.C. Brisibe and I. Pessoa-Lopes

T.C. Brisibe

I. Pessoa-Lopes

P.B. Larsen
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