Search result: 37 articles

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Year 2009 x
Article

Mutual Recognition in Criminal Matters in Cyprus

Journal European Journal of Law Reform, Issue 1 2009
Authors Theodora Christou, Eleni Kouzoupi and Helen Xanthaki
Author's information

Theodora Christou
European Cross Border Justice Project Manager, The AIRE Centre.

Eleni Kouzoupi
Counsel of the Republic, Law Office of the Republic of Cyprus. The views presented in this chapter are personal and can only be attributed to the author in her personal capacity. They do not reflect, express or bind the views of the Republic of Cyprus.

Helen Xanthaki
Senior Lecturer and Academic Director, Centre for Legislative Studies, Institute of Advanced Legal Studies, School of Advanced Study, University of London, Lawyer (Athens Bar).

Bashar H. Malkawi
Bashar H. Malkawi, Assistant Professor of Law at the Hashemite University, Jordan. The author holds LL.B, Yarmouk University in 1999; LL.M, University of Arizona College of Law in 2001; S.J.D, American University, Washington D. C in 2005.

Giuseppe Martinico
Lecturer in Law at the University of Pisa; PhD, Sant'Anna School of Advanced Studies, Pisa. I would like to thank Emanuele Pollio for his comments and Andrea Serafino and Alberto Montagner for their help in preparing a preliminary version of this work.

The Rt. Hon. Lord Justice Thorpe
Head of International Family Justice for England and Wales.

Giuseppe Martinico
Lecturer in Law, University of Pisa, Center for Peace Studies, STALS Senior Assistant Editor (www.stals.sssup.it), Visiting Research Fellow, King's College London, Centre of European Law

Catherine Skinner
LL.M., University of London, Institute of Advanced Legal Studies.

Ulrich Karpen
Prof. Dr. iur., Universitätsprofessor at the Faculty of Law, University of Hamburg, Gerrmany.

La Toya James
Crown Counsel, Government of the Virgin Islands, Road Town, Tortola, British Virgin Islands.

Marta Simoncini

Christiana Prof. Dr. iur. Fountoulakis
Fribourg

Filippo Fontanelli
f.fontanelli@sssup.it. PhD candidate, Sant'Anna School of Advanced Studies, Pisa, Global Hauser Scholar, NYU Law School. Many thanks to N. Walker, N. Lavranos and G. Martinico for their valuable comments. Usual disclaimer applies.
Article

Access_open Nussbaum’s Capabilities Approach: In Need of a Moral Epistemology?

Journal Netherlands Journal of Legal Philosophy, Issue 3 2009
Keywords Martha Nussbaum, Capabilities Approach, moral epistemology, objectivity, residues of justice, Bernard Williams, political moralism
Authors Mr. Iris van Domselaar
AbstractAuthor's information

    Although Nussbaum’s “Capabilities Approach” (CA) clearly expresses a commitment to objectivity, this article argues that this commitment is rather ambiguous due to the conception of public reason it endorses. In particular, the CA cannot account for an objective justification of public reason, given certain characteristics of public reason. As a result, the CA jeopardizes the substantive aim it has set itself: to provide an objective justification for public choices regarding human capabilities and their specifications.


Mr. Iris van Domselaar
Iris van Domselaar is a Ph.D-student and lecturer at the Department of General Jurisprudence, Faculty of Law, University of Amsterdam. The subject of her thesis is “Residues of Justice and Tragic Legal Choice in a Liberal Rule of Law”.
Article

Access_open Het normatieve karakter van de rechtswetenschap: recht als oordeel

Journal Netherlands Journal of Legal Philosophy, Issue 3 2009
Keywords legal theory, science, methodology, normativity, knowledge
Authors Prof. mr. Carel Smith
AbstractAuthor's information

    Propositions of law are based upon normative judgement. The interpretation and application of legal provisions rest upon a judgement that determines which weight must be attributed to some point of view or perspective. In this respect, legal theory has a normative character. Its normative character does not preclude legal theory from being a scientific discipline. The scientific character of legal theory is not located in the possibility of testing the correctness of its theories. Rather, legal theory owes it scientific character to the shared standards of production and evaluation of legal arguments: the grammar of justice.


Prof. mr. Carel Smith
Carel Smith is associate professor at the Department of Metajuridica, Faculty of Law, Leiden University.
Article

Access_open Morality Incorporated? Some Peculiarities of Legal Thinking

Journal Netherlands Journal of Legal Philosophy, Issue 2 2009
Keywords responsibility, accountability, imputation, liability
Authors prof. Bert van Roermund and prof. Jan Vranken
AbstractAuthor's information

    Responsibility disappears into the background of private law as it deals with imputation of liability. Fitness to be held liable is determined by normative viewpoints different from moral ones, in particular by convictions on how society ought to be organized so as to avoid or end conflict between private citizens. Modes of discursive control are geared to making authoritative decisions in view of the same end, and corporate agency is created, restricted or enlarged to undercut or to impose individual liability.


prof. Bert van Roermund
Bert Van Roermund is Professor of Philosophy at the Department of Philosophy of Tilburg University.

prof. Jan Vranken
Jan Vranken is Professor of Private Law at the Faculty of Law of Tilburg University and former Advocate General at the Dutch Supreme Court.
Article

Access_open Collective Criminal Responsibility: Unfair or Redundant

Journal Netherlands Journal of Legal Philosophy, Issue 2 2009
Keywords collective criminal responsibility;, individual responsibility
Authors dr. Govert den Hartogh
AbstractAuthor's information

    This paper argues, against Pettit’s thesis about the incorporation of responsibility, that holding collective agents criminally responsible is necessarily either redundant or unfair: redundant if responsibility can be distributed without remainder over individual persons; unfair if it cannot. It should be the task of legal systems to create chains of individual criminal responsibility encompassing executives, officials, and members of corporate agents.


dr. Govert den Hartogh
Govert den Hartogh is Professor of Ethics at the Department of Philosophy of the University of Amsterdam.
Article

Access_open ‘The Soviet Union did not have a legal system’

An interview with Jeremy Waldron on the methodology debate, historic injustice and the citation of foreign law

Journal Netherlands Journal of Legal Philosophy, Issue 1 2009
Keywords normative positivism, historic injustice, restitution of property rights, citation of foreign law, methodology debate
Authors Kees Quist and Wouter Veraart
AbstractAuthor's information

    This interview with Jeremy Waldron covers three topics. Firstly, we dealt with the methodology debate, that is, the discussion about how to proceed in analyzing the nature of law. Does the question ‘What is law?’ require a descriptive analysis of the concept of law or, rather, a normative exercise in political philosophy? Secondly, we spoke about the role of law in response to historic injustice, especially in relation to the restitution of property rights. On this topic Waldron vindicates the ‘supersession-thesis’, the idea that, due to changed circumstances and the passage of time, historic injustices become superseded. The third section of the interview is devoted to Waldron’s perspective on the citation of foreign law by national judges.


Kees Quist
Kees Quist is junior lecturer and PhD fellow at Utrecht Law School.

Wouter Veraart
Wouter Veraart is professor of Legal Philosophy at the VU University Amsterdam.
Case Law

Access_open Maritime Delimitation in the Black Sea (Romania v. Ukraine)

Case concerning Maritime Delimitation in the Black Sea (Romania v. Ukraine), Merits, Judgment, 3 February 2009

Journal Hague Justice Journal, Issue 1 2009
Authors Alex Oude Elferink
Author's information

Alex Oude Elferink
Senior Research Associate, Netherlands Institute for the Law of the Sea, Utrecht University.

Paul von Muhlendahl
PhD student and Lecturer at the University of Paris XI and Lecturer (chargé de conférence) at Sciences-Po Paris.
Case Law

Access_open Preliminary Objections in the Croatia v. Serbia case: A Commentary

Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Croatia v. Serbia), Preliminary Objections, Judgment of 18 November 2008

Journal Hague Justice Journal, Issue 1 2009
Authors Wouter Werner
Author's information

Wouter Werner
Professor of Public International Law at VU University Amsterdam.

Harry Post
Harry Post is General Editor of the HJJ-JJH and Editor-in-chief of the Hague Justice Portal.
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