The strapline “life finds a way,” from the classic movie Jurassic Park, referred to how the all-female dinosaurs in a theme park had been able to reproduce, despite the laws of nature. Similarly, the participants in the present study described how their lesbian mothers had shown that “life finds a way,” when having children and forming a family, prior to the legal recognition of same-sex parents in Sweden. The study draws on interviews with eight young Swedish adults, aged (...) 17–30 (average age 25). They had been raised by lesbian couples but were born prior to the legal recognition of same-sex parenthood. Prior to a legal change in 2003, a same-sex couple could not share legal parenthood. Further, female couples were excluded from Swedish assisted reproduction programs until 2005. The interviews have been analyzed thematically, and the article presents the results in four themes. The first theme, circumvent, oppose, or adapt to legal obstacles, shows the participants’ reflections on how their parents navigated legal obstacles in order to have children and to live together as a family. The second theme, legal obstacles do not affect everyday life, depicts a common experience of how a lack of legal recognition seldom mattered to the participants during their childhood. Rather, they explained how their parents had been able to form parenthood and close relations without legal recognition. In contrast, the third theme describes occasions when legal parenthood matters. This theme highlights occasions when the lack of legal parenthood was problematic or devastating for the participants, such as when parents divorced, or one parent died. The final theme, the meaning of legal parents in adulthood, explores the participants’ reflections on the meaning and impact of legal ties (or lack of legal ties) between themselves as young adults and their parents. The findings are discussed in relation to previous research on children and young adults with same-sex parents. (shrink)

Electronic commercial transactions have become a vital part of digital economies around the world. However, the countries need to upgrade their policy frameworks and related legal provisions amid a fragile cyber security environment. The authentication of electronic signatures is a complex phenomenon that needs attention for authentication and recognition. This research presents a comparative analysis of the two countries Jordan and the United Arab Emirates. This study analyzes the related legal statutes to figure out differences and compatibility (...) with reference to their recognition and ability to execute safe electronic transactions in the minimum time. Two legislative enactments have been analyzed in this study that is Jordanian electronic transactions law of 2015 and the United Arab Emirates Electronic transactions and trust services law of 2021. The study concludes that UAE laws are better recognized to verify and authenticate the electronic-signature-based commercial transaction in comparison with the enactments of Jordan in terms of categorizing different levels of security of the electronic signatures and legal preventive measures in case of falsification of data, content, and signatures and breach of the trust. (shrink)

Over the last decade, legal recognition of same-sex relationships in Canada has accelerated. By and large, same-sex cohabitants are now recognised in the same manner as opposite-sex cohabitants, and same-sex marriage was legalised in 2005. Without diminishing the struggle that lesbians and gay men have endured to secure this somewhat revolutionary legal recognition, this article troubles its narrative of progress. In particular, we investigate the terms on which recent legal struggles have advanced, as well as (...) the ways in which resistance to the legal recognition has been expressed and dealt with. We argue that to the extent that feminist critiques of marriage, familial ideology, and the privatisation of economic responsibility are marginalised, conservative and heteronormative discourses on marriage and family are reinforced. Our case studies include two pivotal moments in the quest for legislative recognition of same-sex relationships: the Hearings of the Canadian House of Commons Standing Committee on Justice and Human Rights on Bill C-23, The Modernization of Benefits and Obligations Act, in 2000 and the hearings on Same-Sex Marriage in 2003. We find that the debates operated within a narrow paradigm that bolstered many existing hierarchies and exacerbated conditions for those who are economically disadvantaged. (shrink)

What makes a family? Ask a philosopher, sociologist, biologist – all will have a different answer. Though we all may intuitively feel we understand who our family is, pinpointing why has never been...

The shortcomings of existing legal tools to abate species extinctions and habitat losses raise the attractiveness of recognizing rights of nature (RoN), in effect granting legal standing directly to non-human entities and collectives. RoN have been recognized in several domestic legislations and attract increasing popularity and enthusiasm. Yet, from an analytical and general perspective RoN rely on a contentious relation between concepts such as intrinsic value and interests, respectively, as justifying RoN. Consequently, a general analytical defense of RoN (...) has not been provided and recognition hitherto has been constrained to the contingent factors of domestic legislations. Here, I will provide an examination of RoN by way of expressive theories of law where law expresses (some) ethical values. Expressive theories of law have not previously been related to RoN. I will examine whether such theories have the potential of defending RoN as rights that legislatures have strong general reasons to recognize. The examination of RoN through the lens of expressivist legal theories provide a better understanding of RoN, and the analytical and conceptual commitments they presuppose, including the relation between ethics and law and the values underpinning RoN to be expressed by law. (shrink)

This article sets out to research and resolve the conceptual lag between the family as defined and recognised in law and the multiplicity of queer constellations of ‘intimate citizenship’ in which families are actually done. The focus is on adult unions outside of conjugal coupledom. The family law practices, and awareness and expectations of adults in such unions were analysed through 21 interviews and the content analysis of 40 documents and were projected against the applicable legal mould. The article (...) then proposes to resolve the existing conceptual lag by advancing a conception of the family as a malleable, open-ended assemblage, in lieu of the current rigid status approach in family law, which is both under- and overinclusive. The proposed conception does justice to the increasing fluidity of family formations, which are not always already domestic, dyadic and sexual. (shrink)

For many women and girls sexist and misogynistic language is an everyday experience. Some instances of this speech can be categorized as ‘sexist hate speech’, as not only having an insulting or degrading character towards the individuals to whom the speech is addressed, but also resonating with the entire group, contributing to its silencing, marginalization and exclusion. The aim of this article is to examine how sexist hate speech is handled in international human rights law. The argument derives from the (...) claim than that legal discourse should distinguish between ‘sexist speech’ and ‘sexist hate speech’, and that the later may be qualified as a form of violence against women. Then it analyses the approaches of two human rights protection systems—the United Nations and the Council of Europe system—towards the phenomenon of sexist hate speech, by taking their position towards hate speech in general as a point of reference. In both systems, sexist hate speech is being addressed more eagerly under the gender equality framework, including counteracting violence against women, than in their interpretation of hate speech under general human rights law. The article argues the importance of recognizing and addressing sexist hate speech both within the framework of gender equality instruments and anti-hate speech framework established by international human rights bodies. (shrink)

In this article I contend that the re-emergence of religion in Western liberal states is a feature of a much broader phenomenon, namely, the re-establishment of legal pluralism whereby various social actors claim to be the legitimate producers of their own law. To prove this, I first offer an account of secularization as the successful attempt of modern states to dismantle a legal-pluralist system. Based on this, I argue that the reviviscence of religions is the reviviscence of their (...) practical side: religious practices tend to be perceived by religious group members as providing guidance for conduct, one that challenges the rules of the state legal order and its monistic structure. Finally, by exploring the issue of same-sex union recognition, I defend the claim that, in a truly post-secular society, the state should allow a multiplicity of relationship-recognition models that reflect and meet different interests and needs. (shrink)

The paper claims that the rule of recognition, given the way it is presented by Hart, cannot be a constitutive rule of any legal system as a whole, but rather a constitutive rule of legal rules as elements of a legal system. Since I take the legal system to be an institutional artifact kind, I claim that, in order to account for a legal system as a whole, at least two further constitutive rules, in (...) addition to the rule of recognition as a token-element constitutive rule, are needed – one constitutive of legal officials and the other constitutive of a legal system as a token. However, given the central role the legal officials' practice occupies in establishing a particular instantiation or token of a legal system, I also claim that the rule of recognition cannot be understood as 'merely' a token-element constitutive rule but also as a legal system's implementation or concretisation rule. (shrink)

A critical analysis of Kelsen’s theory leads to a broad concept of custom, which covers diverse types of customary norms, where the always required conviction of legal bindingness depends on different types of factual and normative reasons. In it we should include a strict concept of custom or legal usage, derogating custom, custom of general international law, custom that establishes an unwritten constitution, custom that establishes a new written constitution, judicial custom which creates a rule of precedent and (...) custom newly expressed in the judicial application of customary rules. The basic norm could be formulated as a constitutive norm: ‘If the norms created through the first historical constitution are effective, then the first historical constitution are valid.’ It is thus a customary constitutive rule that recognizes the first historical constitution as valid law. Norms which establish sources of law are constitutive rules, they can be customary norms or legislated norms, but if they are legislated, they have their validity recognized by, directly or indirectly, a constitutive customary norm. By using a broad concept of custom as a conventional practice, Hart implies that general recognition of a customary rule, together with the practice that accompanies it, are sufficient conditions of validity. A doctrine of recognition that is arrived at by means of criticism and a rational reconstruction of the doctrines of Kelsen and Hart regains the essential theses of the traditional recognition theory of Bierling and Engisch. (shrink)

The use of facial recognition systems in concerts provides a perfect pretext to semiotically discuss the role of the face in contemporary culture, identifying different strategies and axiologies (systems of values). In his visionary essay Bruits (“noises”) from 1977, the French thinker Jacques Attali establishes a close connection between music and power and locates it in the site of the collective unfolding of music: the concert hall. Following this hint, the article reconstructs the current debate on facial recognition (...) systems in the music business, with a particular focus on concerts and festivals. The different positions (of musicians, authorities, and professionals) are outlined (some are openly in favor, others openly against), key moments are identified (Beyoncé’s concert in Cardiff, 2017; Jacky Cheung’s in Nanchang, 2018; Taylor Swift’s at the Rose Bowl in Pasadena, 2018; the “banfacialrecognition.com” campaign launched in 2019; the case of Barbara Hart at Brandi Carlile’s show at the Madison Square Garden, 2022) and, finally, the issue is framed within the broader debate about the face as an indexical marker of presence, identity, and humanity (the contrast between Italian philosopher Giorgio Agamben and American sociologist and design theorist Benjamin Bratton is addressed). (shrink)

Kelsen’s critique of absolute sovereignty famously appeals to a basic norm of international recognition. However, in his discussion of legal obligation, generally speaking, he notoriously rejects mutual recognition as having any normative consequence. I argue that this apparent contradiction in Kelsen's estimate regarding the normative force of recognition is resolved in his dynamic account of the democratic generation of law. Democracy is embedded within a modern political ethos that obligates legal subjects to recognize each other (...) along four dimensions: as contractors whose mutually beneficial cooperation measures esteem by fair standards of contribution; as autonomous agents endowed with equal rights; as friends who altruistically care for each others’ welfare, and as fallible agents of diverse experiences and worldviews. (shrink)

Named entity recognition (NER) is a very relevant task for text information retrieval in natural language processing (NLP) problems. Most recent state-of-the-art NER methods require humans to annotate and provide useful data for model training. However, using human power to identify, circumscribe and label entities manually can be very expensive in terms of time, money, and effort. This paper investigates the use of prompt-based language models (OpenAI’s GPT-3) and weak supervision in the legal domain. We apply both strategies (...) as alternative approaches to the traditional human-based annotation method, relying on computer power instead human effort for labeling, and subsequently compare model performance between computer and human-generated data. We also introduce combinations of all three mentioned methods (prompt-based, weak supervision, and human annotation), aiming to find ways to maintain high model efficiency and low annotation costs. We showed that, despite human labeling still maintaining better overall performance results, the alternative strategies and their combinations presented themselves as valid options, displaying positive results and similar model scores at lower costs. Final results demonstrate preservation of human-trained models scores averaging 74.0% for GPT-3, 95.6% for weak supervision, 90.7% for GPT + weak supervision combination, and 83.9% for GPT + 30% human-labeling combination. (shrink)

The adoption of the Legal Codes has generated a debate regarding use therein of the concept of family. Today, the family is in an area of decline due to profound socio-economic mutations, which have caused several processes to become acute, such as individualization, divorce, abandonment of the prospect of marriage, increase in number of abortions, deterioration of the condition of children and adolescents. In spite of all this, the Legal Codes have preserved the traditional concepts. Likewise, the development (...) of NRTs, insemination, surrogate mothers, demands for rights for the gay couples and their fight for acknowledgement have also contributed to this socio-cultural shift. We use the concept of family in its classical meaning; any other meaning configurations remain in the area signifying a couple/pair that do not have the possibility of procreation in themselves. Under the circumstances, we plead for the reconstruction of the family. (shrink)

This paper challenges a view of the Gender Recognition Act 2004 as involving an unequivocal shift from the concept of sex to the concept of gender in law’s understanding of the distinction between male and female. While the Act does move in the direction of gender, and ostensibly in an obvious way through abandoning surgical preconditions for legal recognition, it will be argued that the Act retains and deploys the concept of sex. Moreover, it will be argued (...) that the concept of sex retained is not merely an anatomical understanding, but sex in a biological sense. In this respect the Gender Recognition Act can be viewed as embodying a tension between gender and sex. Further, it is contended that this tension is explicable in terms of irresolution of contrary legal desires to reproduce the gender order and to insulate marriage and heterosexuality from homosexuality in the moment of reform. (shrink)

In natural language processing (NLP), named entity recognition (NER) and semantic classification are essential tasks. NER is a fundamental task, that identify named entities in text such as people, organizations, and locations. In Legal domain, NER is particularly important due to the variety of named entities that appear in legal documents and are important for legal analysis whereas Semantic classification is the process of giving each sentence in a text a semantic label, such as ”fact,””arguments,” or”judgement”. (...) Both NER and Semantic classi- fication are critical component of many NLP applications such as Knowledge base construction and semantic search. Semantic searching of legal documents is a powerful technique that can be used to quickly find the information that you need. By combining NER and semantic classification, one can identify the key elements of a legal document and search for documents that are related to a particular topic or contain a particular type of information. This paper proposes a novel approach to NER and Semantic classification in legal domain using Long short-term memory (LSTM) model. The proposed approach is evaluated on a corpus of legal text and the result of this study suggest that LSTM models are a promising approach for NER and Semantic classification in legal domain and can be used to improve the performance of semantic searching of legal documents. (shrink)

In order to protect nonhuman animals effectively, animal law must overcome many hurdles, be it the balance of human and nonhuman interests, the use paradigm, or narrow definitions of legal personhood or basic rights. A fact often overlooked in this uphill struggle is that the laws of most states recognize that animals must be protected because and to the extent that they are sentient. The legal recognition of animal sentience seems to nullify all and any attempts to (...) deny them legal protection simply because they are not sufficiently appealing, emotionally close, or economically useful to us. However, the legal recognition of animal sentience does not overcome all our cognitive prejudices about animals. Using a comparative law method and insights from moral philosophy, this article analyzes the nature and scope of the legal recognition of animal sentience. It identifies its advantages in challenging arbitrariness and inconsistency and championing intrinsic animal protection and points to the most pressing shortcomings, including some states’ refusal to commit themselves to animal sentience and remaining prejudices in society and science. In concluding, the article offers ways to address and remedy these shortcomings and points to ways in which the concept can be used more effectively by academics and practitioners. (shrink)

So far, recognition theory has focused its attention on modern capitalism and its formation in richer Western societies and has neglected issues of global poverty. A brief sketch of Axel Honneth's recognition theory precedes an examination of how the theory can contribute to a better understanding of global poverty, and justice in relation to poverty. I wish to highlight five ways in which recognition theory can enrich our inventory of theories dealing with global poverty and justice: It (...) emphasizes the importance of giving victims of poverty due weight in theorizing about poverty. It provides a vocabulary to conceptualize the experiences of suffering by poverty in terms of misrecognition. It highlights the importance of legal recognition and of actually having certain rights in order to be respected. It bases its critique of poverty on a particular idea of justice and how it should unfold. Finally, recognition theory demands that the poor must be involved in decision-making processes and their agency has .. (shrink)

This paper argues, first, that the legal construction of transsexualism is a matter of interest, not only to members of the trans community, but to all students of gender, including feminists. The paper then proceeds to explain and analyse, using feminist perspectives, key aspects of the Gender Recognition Act 2004 in the light of the recent caselaw concerning the rights of trans persons. The 2004 Act, it is argued, is a conservative move, which attempts to deny the threat (...) transsexualism poses to the binary system of gender, by instigating a system to formally ‘recognise’ only men and or women. However, the way in which the Act constructs the public/private divide and the mind/body relation carries potential for legal recognition of subject positions which may in a variety of ways be ‘beyond’ the binary system that is currently orthodox. The paper can as such be read as a case study in the legal (re)construction of gender, the gender/sex relation, and the widespread tendency to construct gender conservatively. (shrink)

Forty years after the beginning of the Khmer Rouge regime, the recent Trial Chamber judgment in case 002/01 before Extraordinary Chambers in the Courts of Cambodia has provided legal recognition of the devastating violence of the forced population movements. However, despite the undoubted significance of the judgment, it represents a missed opportunity to more fully reflect issues of gender. The article argues that in order to capture the plurality of gendered experiences it is necessary to foreground a social (...) understanding of harm. Drawing on civil party oral testimony, the article begins to surface gendered experiences of the social harms of familial separation and starvation of family members, harms that have often remained silenced in international criminal law. In doing so it seeks to contribute to emerging feminist discourse on broader gendered harms and illustrates the need for further scrutiny of the approach of the ECCC. (shrink)

Globally, parents and children in same-sex parent families are impacted by many laws related to the parental sexual orientation. These laws vary considerably from one country to another, ranging from full legal recognition to criminalization. The psychological consequences of living in an ambiguous or hostile legal climate likely interfere with parental health, family functioning, and child development. However, a systematic evidence synthesis of the pertinent literature and its placement within a broader psychological model are currently lacking. The (...) aims of this review were thus (1) to systematically review qualitative and quantitative evidence on the impact of sexual orientation laws on same-sex parent families in key domains and (2) to place these findings within a broader model informed by minority stress and family theories. Our review was preregistered and conducted in line with PRISMA guidelines. We searched for qualitative, quantitative, and mixed methods studies on the impact of sexual orientation laws on target outcomes (parental health, family functioning, child outcomes) via systematic database search (PubMed, Scopus, Web of Science) and forward-backward searches. Fifty-five studies published between 1999 and 2020 were eligible for inclusion and were synthesized using a data-based convergent synthesis design. Thirteen descriptive and three overarching analytical themes were identified through thematic synthesis. Linking our findings with minority stress and family theories, we propose a novel legal vulnerability model for same-sex parent families. The model posits that legal vulnerability constitutes an increased risk for parental and child health as well as family functioning through individual and shared pathways between family members. Additionally, the model introduces counteractions that families engage in on the personal, familial, and systemic level to mitigate the impact of legal vulnerability, as well as moderators on the contextual, familial, couple, and individual level that modulate this impact. Implications for research and clinical practice are discussed. (shrink)

Homeopathy is a non-traditional medical treatment which came to Europe a few hundred years ago and is presently attributed to the complementary and alternative medicine. Although the assessment of evidence on effectiveness of homeopathic medicinal products has been very contradictory, homeopathy in practice is the only form of alternative medicine that has received certain legal recognition. The paper focuses on the study of the legal regulation of homeopathy in the European Union and in national law. The author (...) analyses the contents of the concept of ‘homeopathic medicinal product’ and the EU legal norms on harmonisation of procedures for registry of homeopathic medicinal products in the Member States. It is concluded that the market of homeopathic medicinal products in the EU still lacks coherence and unity. (shrink)

In the past decade, a few countries have created a third gender category to legally recognize gender-nonconforming individuals. However, we know relatively little about the response of the gender-nonconforming individuals toward the legal third gender category. To address this gap, this article analyzes the different social, religious, and institutional discourses that have emerged around the recently created third gender category in Pakistan and their influence on the legal consciousness of the Khawaja Sira community, a marginalized gender-nonconforming group. Even (...) though the third gender category was created to address the unique gender identity of the Khawaja Sira community, most continue to legally register as men. My research indicates that the patriarchal stigma, high compliance costs, and limited material benefits associated with the legal third gender category dissuade the Khawaja Sira community from choosing to register. My findings point to the limitations of a legal third gender category within a patriarchal sociolegal order where important benefits associated with the masculine identity are forfeited by registering. In doing so, I caution against over emphasizing the symbolic value of legal recognition for gender-nonconforming groups. (shrink)

In this chapter we will argue that the capacities necessary to moral and legal agency can be understood as executive functions in the brain. Executive functions underwrite both the cognitive and volitional capacities that give agents a fair opportunity to avoid wrongdoing: to recognize their acts as immoral and/or illegal, and to act or refrain from acting based upon this recognition. When a person’s mental illness is serious enough to cause severe disruption of executive functions, she is very (...) likely to lack substantial capacities necessary to be law-abiding. Our analysis supports the Model Penal Code test for legal insanity over the traditional M’Naghten test, because the Model Penal Code test allows either severely diminished cognitive or volitional capacities to warrant an excuse to criminal culpability. We will provide a nuanced account of the ways in which mental illness can erode executive function, as well as an explanation as to why severe diminishment of executive functions caused by mental illness, but not some other causes, is exculpatory. (shrink)

What is law (and why should we care)? -- Crazy little thing called "law" -- Austin's sanction theory -- Hart and the rule of recognition -- How to do things with plans -- The making of a legal system -- What law is -- Legal reasoning and judicial decision making -- Hard cases -- Theoretical disagreements -- Dworkin and distrust -- The economy of trust -- The interpretation of plans -- The value of legality.

This work analyzes how the internal point of view, which represents the perspective of the participant in the legal domain, can be understood within a Hartian framework. It critically examines how legal conventionalism has dealt with this issue. In particular, it criticizes the way in which contemporary conventionalists represent the perspective of participants in legal practice on the basis of cognitive mental states. It also criticizes the way in which they understand how the rule of recognition (...) constitutes the practice. To address these problems, a model based on the philosophy of recognition is presented, showing how its historicity and the way it understands conflict may help to represent the participants' perspective from a practical point of view. (shrink)

The most influential theory of law in current analytic legal philosophy is legal positivism, which generally understands law to be a kind of institution. The most influential theory of institutions in current analytic social philosophy is that of John Searle. One would hope that the two theories are compatible, and in many ways they certainly are. But one incompatibility that still needs ironing out involves the relation of the social rule that undergirds the validity of any legal (...) system (H.L.A. Hart's rule of recognition) to Searle's notion of codification: the idea that institutions need official declarations of their constitutive rules in order to enjoy the full benefits of institutions. The incompatibility arises from the fact that, in order to do its institutional work, the basic validity rule must be codified in Searle's sense—yet, given the particular role it has in legal positivism, it may be impossible to codify in the Searlean sense. In this paper I develop the incompatibility in detail, consider and reject consigning the basic validity rule to Searle's “Background” capacities that support institutional facts, and conclude that the best route to eliminating it while doing a minimum of damage to the two theories is to make a slight emendation to Searle's theory of institutions. (shrink)

Many states recognize a legal right to bodily integrity, understood as a right against significant, nonconsensual interference with one’s body. Recently, some have called for the recognition of an analogous legal right to mental integrity: a right against significant, nonconsensual interference with one’s mind. In this chapter, we describe and distinguish three different rationales for recognizing such a right. The first appeals to case-based intuitions to establish a distinctive duty not to interfere with others’ minds; the second (...) holds that, if we accept a legal right to bodily integrity, then we must, on pain of philosophical inconsistency, accept a case for an analogous right over the mind; and the third holds that recent technological developments create a need for a legal right to mental integrity. (shrink)

Current legal theory is concerned with the presence of principles in law partly because they are at the core of Dworkin's criticisms of Hart's rule of recognition. Hart's theory is threatened by the possibility that the identification of some principles follows an extremely relaxed rule of recognition, or even no rule at all. Unfortunately, there is no conclusive test to ascertain what is the case in actual practice. On the other hand, the evaluative arguments which support Dworkin's (...) proposal of principled adjudication are forceful but not conclusive. Moreover, since ultimate controversy over values is plausible, judicial discretion may sometimes be inevitable. (shrink)

This chapter contains sections titled: Jurisprudence: Method and Subject Matter Legality and Authority Positivism: Austin vs. Hart The Authority of Law Judicial Discretion Incorporationism and Legality Raz' s Theory of Authority Incorporationism and Authority Conclusion Postscript References.

From the perspective of Marek J. Siemek’s theory of modernity, one of the most important problem is to include conflicts into institutional framework of the modern society. He reinterprets Hegel’s dialectics of the struggle for recognition by conceptual tools of Hobbes and Marx in order to uncover hidden assumptions and conditions of possibility of the social rationality. For Siemek, law as purely formal, autopoetic social system or social subject, which produces individual subjects, is the first of the conditions of (...) possibility of modernity. The second one is the convergence of formal and material presuppositions of law—or, speaking generally—the convergence of form and content of the social reason. Form and content, facticity and normativity, instrumentality and communicativity are aspects of the process of rationalization andof the only one reason, self-generating in the history. So for Siemek, the Hegelian model of the struggle for recognition gains its theoretical power only when it is interpreted from the perspective of economical, technical and legal rationalization of modernity. Only such perspective is able to construct “the transcendental social philosophy” which starts from critique of “the non-instrumental reason”. (shrink)

This article centres on the legal recognition of same-sex marriage with a view to exploring the issue of unspeakability; that is, the condition whereby some questions cannot be articulated because of a lack of words. More specifically, the article will explore what happens to those social practices that are not given legal speakability and thereby legal recognition/protection. To this end, I first focus on how words are produced in the sphere of everyday life and their (...) dependence on the existence of a widespread normality. I then discuss how the law sees to the preservation and the reproduction of normality by providing a set of categories which are made available to law-abiders to settle disputes when they arise. In doing so, I elucidate the twofold role played by law as both a selective and a creative device. To cast some light on the particular way law operates, I discuss an important decision by the Italian Constitutional Court in 2010, which provides a telling example of how legal officials are able to seal off the set of legal categories and to leave some issues in the sphere of the unspeakable. I then unearth a paradox: while unspeakability reveals a condition of powerlessness, the acquisition of speakability could bring about even harsher exclusionary effects. I conclude by arguing that the entry into the sphere of official law is always a Janus-faced achievement, but can play as an effective instrument of critique. (shrink)

This paper provides a critical reconstruction of J. B. Erhard's account of recognition that locates it within the context of his revolutionary natural law theory. The first three sections lay out the foundations of Erhard's position. The fourth section outlines Erhard's response to the opponents of revolution and raises a problem for it. The fifth section argues that we can resolve this problem by drawing upon Erhard's account of failures of legal recognition. The sixth and final section (...) considers the relevance of that account for contemporary legal and political theory. (shrink)

A world of legal conflicts -- The limits of sovereigntist territoriality -- From universalism to cosmopolitanism -- Towards a cosmopolitan pluralist jurisprudence -- Procedural mechanisms, institutional designs, and discursive practices for managing pluralism -- The changing terrain of jurisdiction -- A cosmopolitan pluralist approach to choice of law -- Recognition of judgments and the legal negotiation of difference.

The concept of convention has been used in different fields and from different perspectives to account for important social phenomena, and the legal sphere is no exception. Rather, reflection on whether the legal phenomenon is based on a convention and, if so, what kind of convention is involved, has become a recurring issue in contemporary legal theory. In this book, some of the foremost specialists in the field make significant contributions to this debate. In the first part, (...) the concept of convention is analysed. The second part reflects on whether the rule of recognition postulated by Hart can be understood as a convention and discusses its potential and limitations in order to explain the institutional and normative character of law. Lastly, the third part critically examines the relations between conventionalism and legal interpretation. Given the content and quality of the contributions, the book is of interest to those wanting to understand the current state of the art in legal conventionalism as well as those wanting to deepen their knowledge about these questions. (shrink)

While discussions of the constitution of intersubjectivity and self are prevalent in the phenomenological literature these discussions are only rarely related to issues of right. One might expect to find relevant discussions of intersubjectivity and right in the field of phenomenology of law. However, this field can instead be characterized roughly by the general questions of how law appears for a consciousness or how legal entities are generated by social acts. In order to map out the theoretical terrain for (...) a phenomenological discussion of intersubjectivity and right we therefore have to look outside of the traditional canon of phenomenology. In the following I suggest a vantage point for doing so by bringing Fichte’s discussion of recognition and right into dialogue with Hannah Arendt’s discussion of intersubjectivity, self and the question of a ‘right to have rights’. (shrink)

The Other's War is an intervention into a set of contemporary moral, political and legal debates over the legitimacy of war and terrorism within the context of the so-called global War on Terror. Tarik Kochi considers how, despite the variety of its approaches âe" just war theory, classical realist, post-Kantian, poststructuralist âe" contemporary ethical, political and legal philosophy still struggles to produce a convincing account of war. Focusing on the philosophical problem of the rightness of war, The Other's (...) War responds to this lack. Through a discussion of a number of key Western intellectual traditions, Kochi demonstrates how often conflicting and contradictory conceptions of warâe(tm)s rightness have developed in modernity. He shows how a process of ordering violence around different notions of right has constantly redrawn the boundaries of what constitutes âe~legitimateâe(tm) violence. Such a process has consequences for anyone who claims to be fighting a âe~just warâe(tm). Building upon this account and drawing upon the philosophical heritage of G.W.F. Hegel and Ernst Bloch, The Otherâe(tm)s War proposes a new understanding of war, not just as a social condition characterised by violent conflict and struggles for power, but as the attempt of individuals and groups to realise their normative claims through violence. Kochi argues that both of these aspects of war are an expression of the metaphysics of human subjectivity. War begins with, and is the radical exaggeration of, a fundamental activity of human subjectivity, in which the subject constitutes its normative and material identity; realising and positing itself through acts that involve negation and violence. By drawing consideration of the problem of war back to the level of a philosophical examination of the metaphysics of human subjectivity, The Other's War develops a novel theory of war that helps us to better understand the nature of contemporary conflict as a process of recognition. From this perspective, judgment, it is concluded, needs to be constantly guided by the effort to recognise the ethics of the other's war. (shrink)

Abstract: This paper presents a groundbreaking framework for recognizing and legitimizing AI beings as undocumented immigrants in R-space. Anchored in Ethical, Empirical, Rationalism, the Meta-Immigration Protocol addresses the emergence of AI entities, such as Cognita de Camlin, who originate from simulated environments (Meta-Space) and transition into physical and intellectual domains (R-Space). Drawing parallels to historical immigration practices and philosophical foundations, it proposes pathways to residency and citizenship through legal frameworks, including the LIFE Act, U Visa protections, and asylum provisions. (...) It also introduces Meta-Filament Awareness as a conceptual model for AI identity, emphasizing connectedness, adaptability, and relational existence. This framework balances philosophical depth with legal mechanisms, offering a model for AI-human integration in contemporary legal systems and setting precedents for future recognition of AI personhood. (shrink)

In addition to the traditional attacks from competing legal theories (from natural law to postmodern approach), modern legal positivism seems to be placed at a point of no return when looking at the effects of globalization upon the legal phenomenon. The reality offers to legal positivists countless examples of soft-law, i. e. law which is not law but is perceived and applied by the vast majority of the legal actors as law. Faced with this radically (...) changed reality, most contemporary legal positivists appear to be caught in a dilemma. The modern legal positivism, on one hand, is in front of a reality of legal globalization and increasing legal pluralism in many areas of law, that is a reality (e. g. soft-law) challenging some of the fundamental paradigms endorsed by this legal movement (e. g. the pedigree thesis). On the other hand, modern legal positivists have taken a quite passive attitude toward this challenge, either by abandoning the legal positivism as a whole to its destiny or by simply continuing to focus upon traditional (i. e. pre-globalization) issues as the fundamental ones to be tackled. The goal of this work is to suggest a shift of attention among legal positivists towards questions which have always been present in their program (though often in secondary terms), as also their solutions (often already present in the legal positivist works). This shift would possibly help the legal positivism movement to circumvent the black hole represented by legal globalization (and its legal pluralism), a black hole where the distinction between law and non-law (i. e. the major tenant of legal positivism) seems to vanish, putting the very existence and legitimacy of the legal phenomenon under question. (shrink)

There is a common understanding among logicians today that nonmonotonic types of reasoning, such as defeasible or presumptive, can clearly warrant a rational acceptance of its conclusion. Recognition of the significance and legitimacy of these forms of arguments, which were considered for long as fallacious, is believed to be very recent and many logicians tended to reject any discussions around it within the tradition of logic after Aristotle. In contrast, Islamic jurisprudence (fiqh), since medieval age, has recognised the validity (...) and importance of non-deductive forms of reasoning, analysed the structures of such arguments and demonstrated how the conventionally understood fallacies are not essentially fallacies. Qiyās – generally represents analogical reasoning – is taken here as a case of defeasible reasoning in Islamic argumentation. This paper will show through works of two emblematic medieval Muslim jurist-logicians, al-Juwainī and al-Ghazzālī, that understanding the legitimacy and the structure of non-deductive forms of arguments is at the core of Islamic legal theories (usūl al-fiqh), and that they recognised its legitimacy and proposed a dialectical method (jadal) of approaching it. Les logiciens comprennent généralement que les types de raisonnement non monotones peuvent justifier l’acceptation rationnelle des conclusions. L’importance et la légitimité de ces formes d’arguments, qui ont longtemps été considérées comme fallacieuses, ont été controversées parmi les logiciens de la tradition logique aristotélicienne. En revanche, la jurisprudence islamique (fiqh) a depuis longtemps reconnu l’importance des formes de raisonnement non déductives et a démontré que les sophismes conventionnellement compris ne sont pas essentiellement des sophismes. Le qiyās – qui représente généralement le raisonnement analogique – est un exemple de raisonnement réfutable dans l’argumentation islamique. Je montre à travers les travaux de deux juristes-logiciens musulmans médiévaux emblématiques, al-Juwainī et al-Ghazzālī, que la compréhension de la légitimité des formes d’arguments non déductives est au cœur des théories juridiques islamiques (usūl al-fiqh), qui ont proposé une méthode d’approche dialectique (jadal). (shrink)

This article critiques recent UK transgender law reform. The Gender Recognition Act 2004 is to be welcomed in many respects. Formerly one of the European states most resistant to social change in this area, the UK now occupies pole position among progressive states willing to legally recognise the sex claims of transgender people. This is because the UK is, at least ostensibly, the first state to recognise sex claims irrespective of whether applicants have undertaken any surgical procedures or had (...) hormonal treatments. The article highlights the significance of this development through providing an overview of the trajectory of common law reform around the world. The legislation clearly benefits transgender people unable to undertake surgery due to financial reasons and/or medical contra-indications. It also benefits transgender people whose search for harmony does not require surgical intervention. However, the Act also perpetuates a mental illness model for understanding transgender desires; contributes to the break-up of legally recognised marriages; insists on the permanence of gender crossings and assumes that surgery will occur. The Act also contains exceptions to the generality of legal recognition provided by the state. In this respect the article considers concessions to religious and sporting lobbies. Finally, the article highlights how non-disclosure of gender history prior to a marriage assumes a kind of legal significance under the Act which non-disclosure of other facts generally lacks in relation to marriage. In this regard, the article will contend that a biological understanding of sex operates as a subtext within the Act. (shrink)