In this concluding article, Gunther Teubner addresses his critics. |
Search result: 40 articles
Year 2011 xDiscussion |
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Journal | Netherlands Journal of Legal Philosophy, Issue 3 2011 |
Authors | Gunther Teubner |
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Journal | Netherlands Journal of Legal Philosophy, Issue 3 2011 |
Keywords | fundamental rights, societal constitutionalism, inclusionary and exclusionary effects, anonymous matrix |
Authors | Gunther Teubner |
AbstractAuthor's information |
Violations of human rights by transnational corporations and by other ‘private’ global actors raise problems that signal the limits of the traditional doctrine of ‘horizontal effects’. To overcome them, constitutional law doctrine needs to be complemented by perspectives from legal theory and sociology of law. This allows new answers to the following questions: What is the validity basis of human rights in transnational ‘private’ regimes – extraterritorial effect, colère public or external pressures on autonomous law making in global regimes? Do they result in protective duties of the states or in direct human rights obligations of private transnational actors? What does it mean to generalise state-directed human rights and to respecify them for different social spheres? Are societal human rights limited to ‘negative’ rights or is institutional imagination capable of developing ‘positive’ rights – rights of inclusion and participation in various social fields? Are societal human rights directed exclusively against corporate actors or can they be extended to counteract structural violence of anonymous social processes? Can such broadened perspectives of human rights be re-translated into the practice of public interest litigation? |
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Journal | Netherlands Journal of Legal Philosophy, Issue 3 2011 |
Keywords | communication, one-sided rationality, human rights, bare body and mind, inclusion, action, exclusion |
Authors | Wil Martens |
AbstractAuthor's information |
This contribution raises two questions with regard to Teubner’s view on human rights. First and foremost, it asks how one might conceive of modern society as a threat to human beings. Attention is brought to bear on Teubner’s attempt to describe society as a matter of communication, and more specifically as a set of one-sided communication systems. In this regard, I scrutinise the attempt to describe the threat of society in terms of inclusion/exclusion and criticise the vacuity of the concept of inclusion. Secondly, it questions Teubner’s description of human beings that demand justice and protection by human rights. Are their demands about the bare existence of body and mind? Moreover, are these concerns identical to worries about the destruction of human presuppositions for the self-reproduction of functional social systems, as Teubner suggests? Against Teubner, I contend that human rights are actually about social human beings that ask for justice as acting beings, which claim does not coincide with presuppositions of societal subsystems. |
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Journal | Netherlands Journal of Legal Philosophy, Issue 3 2011 |
Keywords | semiosphera, paranomia, Drittwirkung, matrix argument |
Authors | Pasquale Femia |
AbstractAuthor's information |
Examining the function of human rights in the semiosphere requires a strategy of differentiation: the dissolution of politics into political moments (politics, it is argued, is not a system, but a form of discourse); the distinction between discourse and communication; the concept of systemic paranomic functionings. Paranomia is a situation generated by the pathological closure of discourses, in which knowledge of valid and observed norms obscures power. Fundamental rights are the movement of communication, claims about redistributing powers, directed against paranomic functionings. Rethinking the debate about the third party effect implies that validity and coherence must be differentiated for the development of the ‘matrix argument’. |
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Journal | Netherlands Journal of Legal Philosophy, Issue 3 2011 |
Keywords | global society, constitutionalism, social systems theory, Teubner, law and order |
Authors | Bart van Klink |
AbstractAuthor's information |
This article presents some critical comments concerning the conceptual, normative and institutional foundations of Teubner’s plea for a ‘common law constitution’. My comments question the desirability of the means chosen for attaining this objective as well as their efficacy. In particular, I have difficulties with the ambivalent role that is assigned to man, either as a person or as a human being; with the reduction of social problems to problems of communication; and, finally and most importantly, with the attempt to conceive of law and politics beyond established legal and political institutions, which in my view is doomed to fail. The conclusion offers some tentative suggestions for an alternative approach. |
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‘A New Look on the Delimitation of Airspace and Outer Space’ - REPORT |
Journal | International Institute of Space Law, Issue 9 2011 |
Authors | Olavo Bittencourt |
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The legal problems of providing the space activity of space objects launching by aerospace launch systems with the participation of several States (Polyot Air Launch Project as an example). |
Journal | International Institute of Space Law, Issue 8 2011 |
Authors | Dr. Bernhard Schmidt-Tedd, Dr. Gulnaz Khalimova and Dr. Sergey Teselkin |
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THE DRAFT SPACE PROTOCOL AND JURISDICTION OVER COMMERCIAL SPACE ASSETS |
Journal | International Institute of Space Law, Issue 8 2011 |
Authors | Paul B. Larsen |
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Report of the 54th Colloquium on the Law of Outer Space, Cape Town, South Africa, 2011 |
Journal | International Institute of Space Law, Issue 6 2011 |
Authors | Prof. dr. Mark. J Sundahl |
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MIND THE GAP: LEGISLATING FOR COMMERCIAL SPACE ACTIVITIES |
Journal | International Institute of Space Law, Issue 5 2011 |
Authors | Prof. Dr. Lesley Jane Smith |
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THE ECONOMIC ASSESSMENT OF THE SPACE ASSETS PROTOCOL TO THE CAPE TOWN CONVENTION |
Journal | International Institute of Space Law, Issue 5 2011 |
Authors | Souichirou Kozuka and Fuki Taniguchi |
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Journal | Netherlands Journal of Legal Philosophy, Issue 1 2011 |
Keywords | ecological catastrophe, regulatory legitimacy, regulatory effectiveness, geo-engineering |
Authors | Han Somsen |
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This article considers the question how knowledge of an impending ecological catastrophe is likely to impact on regulatory legitimacy and regulatory effectiveness. If the ultimate aim to safeguard meaningful human life on earth is in acute danger, this is likely to translate into zero tolerance towards non-compliance with environmental rules designed to avert catastrophe. This, in turn, will persuade regulators to employ normative technologies that do not engage with the moral reason of regulatees at all, but leave no option but to comply. In addition, regulators may turn to panoptic surveillance techniques that allow no breaches of rules to remain undetected. Finally, it is argued that if and to the extent that impending ecological catastrophe marks the end of maintaining the status quo as a plausible policy goal, regulators will be more sympathetic towards potentially apocalyptic technologies that carry greater promise for future gain than otherwise would be the case. |
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Journal | Erasmus Law Review, Issue 2 2011 |
Authors | Jeroen Temperman |
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THE ROLE OF COSPAR GUIDELINES IN INTERPRETING ARTICLE IX OST |
Journal | International Institute of Space Law, Issue 4 2011 |
Authors | Mahulena Hofmann |
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Article |
NIGERIAN LEGAL PERSPECTIVES ON SPACE LAW AND AFRICA |
Journal | International Institute of Space Law, Issue 3 2011 |
Authors | Timiebi Aganaba and Nnamdi Obasi |
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