The ‘public’ character of the kind of rule of law theorizing with which Lon Fuller was engaged is signalled especially in his attention to the very notion of being a ’legal subject’ at all. This point is central to the aim of this paper to explore the animating commitments, of substance and method alike, of a particular direction of legal theorizing: one which commences its inquiry from an assessment of conditions of personhood within a public legal frame. Opening up this inquiry to resources beyond Fuller, the paper makes a novel move in its consideration of how the political theorist Hannah Arendt’s reflections on the ‘juridical person’ might aid a legal theoretical enterprise of this kind. |
Search result: 65 articles
Year 2014 xArticle |
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Journal | Netherlands Journal of Legal Philosophy, Issue 3 2014 |
Keywords | Fuller, Arendt, legal subject, juridical person, public rule of law theory |
Authors | Kristen Rundle |
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Collective Action Clauses in the EurozoneOne Step Forward, Two Steps Back |
Journal | European Journal of Law Reform, Issue 4 2014 |
Keywords | collective action clauses (CACs), sovereign debt restructuring, Eurozone, European Stability Mechanism |
Authors | Giuseppe Bianco |
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Amongst the measures taken inside the European Union to tackle the sovereign debt crisis, the focus of the legal scholarship has been mainly on the financial stability mechanisms and the European Central Bank’s action. These initiatives constitute the liquidity assistance part of the response. Arguably, less attention has been devoted to the initiatives intended to face issues of debt sustainability. As regards the course of action to adopt in case a country cannot repay its debt, the European Union opted for collective action clauses (CACs). This paper takes a critical look at the Eurozone CACs. It aims to answer the following research question: Are the adopted CACs an efficient means to achieve their purported objective (i.e. facilitate renegotiations of sovereign bonds between creditors and the sovereign debtor)? To do so, the paper investigates the CACs’ content and their historical bases. It then compares the final version with the initial draft and points to several interesting findings. The paper argues that it is likely that practical results from the use of CACs will be significantly below political leaders’ expectations. |
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Disintegration of the State Monopoly on Dispute ResolutionHow Should We Perceive State Sovereignty in the ODR Era? |
Journal | International Journal of Online Dispute Resolution, Issue 2 2014 |
Keywords | online dispute resolution, sovereignty, justification |
Authors | Riikka Koulu LLM |
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The interests of state sovereignty are preserved in conflict management through adoption of a state monopoly for dispute resolution as the descriptive and constitutive concept of the resolution system. State monopoly refers to the state’s exclusive right to decide on the resolution of legal conflicts on its own soil, in other words, in the state’s territorial jurisdiction. This also forms the basis of international procedural law. This conceptual fiction is derived from the social contract theories of Hobbes and Locke, and it preserves the state’s agenda. However, such a monopoly is disintegrating in the Internet era because it fails to provide an effective resolution method for Internet disputes in cross-border cases, and, consequently, online dispute resolution has gained ground in the dispute resolution market. It raises the question of whether we should discard the state monopoly as the focal concept of dispute resolution and whether we should open a wider discussion on possible justificatory constructions of dispute resolution, i.e. sovereignty, contract and quality standards, as a whole, re-evaluating the underlying structure of procedural law. |
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Journal | Erasmus Law Review, Issue 4 2014 |
Keywords | legal advice, police interrogation, European Union, England and Wales, France |
Authors | Anna Ogorodova and Taru Spronken |
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In October 2013, the European Union adopted a Directive, which guarantees, inter alia, the right of access to a lawyer to suspects of criminal offences from the outset of police custody and during police interrogation. However, adoption of the relevant legislation is not sufficient to ensure that this right becomes effective in practice. A range of practical measures will have to be taken by the Member States’ authorities and the legal profession to effectuate the implementation of the right to custodial legal advice. This article aims to identify the practical factors that may influence the implementation of the Directive, based on the findings of a recent normative and empirical study conducted by the authors. The research was carried out in four European jurisdictions (England and Wales, France, the Netherlands and Scotland), and it consisted of analysis of regulations, observations of daily practice in police stations, accompanying lawyers who provided custodial legal advice, and interviews with criminal justice practitioners. The article provides a range of recommendations on the practical measures to be undertaken by the EU Member States and national Bar associations aiming at improving the protection of suspects’ rights in police custody in practice. |
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Journal | Erasmus Law Review, Issue 4 2014 |
Keywords | Legal assistance, police interrogation, Dutch Criminal Proceedings, EU Directive |
Authors | Paul Mevis and Joost Verbaan |
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This paper discusses the rise of a fundamental issue in Dutch criminal proceedings. The presence of a lawyer prior to and during police interrogations has for a long time been a matter open for debate in the Netherlands. Allowing legal assistance during and prior to police interrogations has been researched on several occasions in the previous century and the beginning of this century. In the Netherlands, one of the most important reasons for not admitting legal assistance was and is founded in the confident reliance on the professionalism and integrity of police officers and justice officials in dealing with the interests of suspects. However, after the Salduz case (ECHR 27 November 2008, Appl. No. 36391/02, Salduz v. Turkey), the Dutch government was compelled to draft legal provisions in order to facilitate legal assistance during and prior to police interrogations. The initial drafts still contained a hesitant approach on admitting the lawyer to the actual interrogation. The EU-Directive of November 2013 (Pb EU 2013, L249) set out further reaching standards compelling the Dutch government to create new drafts. In a ruling of April 2014, the Dutch Supreme Court (ECLI:NL:2014:770) argued that the judgements of the ECtHR were too casuistic to derive an absolute right to have a lawyer present during police interrogation. However, they urged the legislator to draft legislation on this matter and warned that its judgement in this could be altered in future caused by legal developments. The Dutch legislator already proposed new draft legislation in February. In this paper it is examined whether the provisions of the new drafts meet the standards as set out in the EU-Directive as well as by the ECtHR. |
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Journal | The Dovenschmidt Quarterly, Issue 4 2014 |
Keywords | comparative cooperative law, organizational law, mutual purpose, cooperative identity, social function |
Authors | Antonio Fici |
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The idea that cooperative law is essential for the development of cooperatives is not new, but only lately is it spreading rapidly within cooperative circles and urging representative entities of the cooperative movement to take concrete actions. Also in light of this renewed interest towards the cooperative legal theory, this article will seek to demonstrate that recognizing and protecting a distinct identity based on a specific purpose constitute the essential role of cooperative law. The article will subsequently discuss, also from a comparative legal perspective, the nature and essence of the cooperative purpose and some related regulation issues. |
Article |
Legal Issues of Harmonizing European Legal Migration |
Journal | Hungarian Yearbook of International Law and European Law, Issue 1 2014 |
Authors | Ágnes Töttős |
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Article |
Constitutionality of Precluding Arbitration Regarding National Assets |
Journal | Hungarian Yearbook of International Law and European Law, Issue 1 2014 |
Authors | Mónika Ganczer |
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Article |
How to Regulate? The Role of Self-Regulation and Co-Regulation |
Journal | Hungarian Yearbook of International Law and European Law, Issue 1 2014 |
Authors | Lóránt Csink and Annamária Mayer |
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Book Review |
Handbook on European Private Law |
Journal | Hungarian Yearbook of International Law and European Law, Issue 1 2014 |
Authors | Tamas Dezso Ziegler |
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Article |
Human Rights, Civil Rights and Eternity Clauses |
Journal | Hungarian Yearbook of International Law and European Law, Issue 1 2014 |
Authors | Zsuzsa Szakály |
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Article |
Summary of Decision No. 14/2013 (VI. 17) AB of the Constitutional Court of HungaryOn The Constitutionality of Article 17(3) of the Act No. CXCVI of 2011 on National Assets and of Article 4 of the Act No. LXXI of 1994 on Arbitration |
Journal | Hungarian Yearbook of International Law and European Law, Issue 1 2014 |
Article |
Jurisdiction v. State Immunity in the 21st Century |
Journal | Hungarian Yearbook of International Law and European Law, Issue 1 2014 |
Authors | László Burián |
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Article |
Case-Law of the Supreme Court and the Curia in Civil and Economic Law Cases |
Journal | Hungarian Yearbook of International Law and European Law, Issue 1 2014 |
Authors | András Osztovits |
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Article |
The Effectiveness of the Principle of Equal Pay in Hungarian Judicial PracticeWith Special Attention to the New Directions of European Legal Practice |
Journal | Hungarian Yearbook of International Law and European Law, Issue 1 2014 |
Authors | Márton Leó Zaccaria |
Author's information |