Search result: 23 articles

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Year 2009 x

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.

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

Gogontle Keneilwe Gatang
Gogontle Keneilwe Gatang is a Legislative Drafter in the Legislative Drafting Division of the Attorney General's Chambers in Botswana. The views in this paper are solely that of the writer and not of the Attorney General's Chambers.
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 Corporate Responsibility Revisited

Journal Netherlands Journal of Legal Philosophy, Issue 2 2009
Keywords individual responsibility, collective responsibility, legal liability, responsibility and politics
Authors prof. Philip Pettit
Abstract

    This paper responds to four commentaries on “Responsibility Incorporated”, restating, revising, and expanding on existing work. In particular, it looks again at a set of issues related primarily to responsibility at the individual level; it reconsiders responsibility at the corporate level; it examines the connection of this discussion to issues of responsibility in law and politics.


prof. Philip Pettit
Hoofdartikel

Access_open Responsibility Incorporated

Journal Netherlands Journal of Legal Philosophy, Issue 2 2009
Keywords corporate agency, corporate responsibility, collective responsibility
Authors prof. Philip Pettit
AbstractAuthor's information

    Incorporated groups include businesses, universities, churches and the like. Organized to act as single centers of agency, they also routinely satisfy the three conditions that make an agent fit to be held responsible: they face significant choices, can recognize the relative value of different options, and are able to choose in sensitivity to such values. But is it redundant to hold a corporate agent responsible for something, when certain members are also held responsible for the individual parts they play? No it is not, for it is often possible for a corporate entity to be fully fit to be held responsible, when this is not true of the individual members; they may be able to make excuses that are not available at the corporate level. Does the case made for corporate responsibility extend to unincorporated collectivities like nations or religions? Not strictly but it does explain why it may be sensible to treat those collectivities as if they had corporate responsibility in certain domains.


prof. Philip Pettit
Philip Pettit is the Laurence S. Rockefeller University Professor of Politics and Human Values at Princeton 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 Responsibility, National Peoples, and the International Order

Journal Netherlands Journal of Legal Philosophy, Issue 2 2009
Keywords collective responsibility, international legitimacy, global justice
Authors prof. Ronald Tinnevelt
AbstractAuthor's information

    This paper critically scrutinizes Pettit’s defence of corporate and collective responsibility in the light three questions. First, does Pettit successfully argue the passage from corporate responsibility to the responsibility of embryonic group agents, in particular nations? Second, are representation and the authorial and editorial dimensions of democratic control sufficient to ensure that a state is under the effective and equally shared control of its citizens? Third, what kind of international order is required to prevent states from being dominated?


prof. Ronald Tinnevelt
Ronald Tinnevelt is Associate Professor of Legal Philosophy at the Faculty of Law of the Radboud University Nijmegen.
Editorial

Access_open Presentation

Journal Netherlands Journal of Legal Philosophy, Issue 2 2009
Authors prof. mr. Hans Lindahl and mr. Erik Claes
Author's information

prof. mr. Hans Lindahl
Hans Lindahl is Professor in Philosophy of Law at Tilburg University.

mr. Erik Claes
Erik Claes is assistant professor at Katholieke Universiteit Leuven.
Article

Access_open Lettres Persanes 13

Res publica en rechtsstaat: vrijheid in een onvolmaakte samenleving – Pleidooi voor een functionele (niet te bevlogen) grondwet

Journal Netherlands Journal of Legal Philosophy, Issue 1 2009
Keywords Vlaanderen, constitutie, Grondwet, fundamentele vrijheden
Authors Matthias Storme
AbstractAuthor's information

    In light of the possibility that Belgium could fall apart in coming years this contribution argues that it is time to reflect on a constitution for Flanders: What are the characteristics of a good constitution? A good constitution would entrench fundamental freedoms, which are historically rooted in society. Moreover, it obliges the government to maintain and enforce the laws, preventing abuse of power and corruption. Finally, a functioning constitution stands above temporary interests of partisan politics, and should not be used as a means to encumber future generations with our ideological choices.


Matthias Storme
Matthias Storme is advocaat aan de balie van Brussel en buitengewoon hoogleraar aan de Katholieke Universiteit Leuven en aan de Universiteit Antwerpen.

Tobias Arnoldussen
Tobias Arnoldussen is a PhD Candidate in the Sociology of Law Department at the Erasmus School of Law in Rotterdam. The author would like to thank the two referees and the editors Ellen Hey and Roel Pieterman for their valuable and helpful comments.

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

Dan Saxon
Dan Saxon is Senior Trial Attorney at the United Nations International Criminal Tribunal for the former Yugoslavia (ICTY). The views expressed herein are those of the author alone and do not necessarily reflect the views of the International Tribunal or the United Nations in general.

Carsten Stahn
Dr. jur., LL.M. (NYU), LL.M. (Cologne-Paris), Associate Professor of International Criminal Law, Leiden University, Programme Director, Grotius Centre for International Legal Studies. These remarks are based on the Opening of the Academic Year at Campus Den Haag, Leiden University. Thanks are owed to Ms. Ruth Shaikh for her editorial assistance.


Article

Inaugural Nandasiri Jasentuliyana Lecture: "The Law of Outer Space in the General Legal Field (Commonality and Particularities)"

Nandasiri Jasentuliyana Keynote Lecture on Space Law & 1st Young Scholars Session

Journal International Institute of Space Law, Issue 1 2009
Authors V.S. Vereshchetin

V.S. Vereshchetin
Article

Legal Problems Concerning Space Debris and Liability Convention

Third Party Liability Issues in Commercial Space Activities

Journal International Institute of Space Law, Issue 3 2009
Authors D.H. Kim

D.H. Kim

S. Li
Article

Program of the Symposium

The 4th Eilene M. Galloway Symposium on Critical Issues in Space Law in Washington D.C., United States, December 2009: "Peaceful Purposes and Uses of Outer Space"

Journal International Institute of Space Law, Issue 10 2009
Article

Is a New Look Necessary in the Age of Exploration and Exploitation?

2009 IISL-ECSL Space Law Symposium Held on the Occasion of the 48th Session of the Legal Subcommittee of UNCOPUOS in Vienna, Austria: "30th Anniversary of the 'Moon Agreement': Retrospect and Prospects"

Journal International Institute of Space Law, Issue 9 2009
Authors S. Trepczynski

S. Trepczynski
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