This article aims to provide a semiotic analysis of environmental law and youth protests. More precisely, drawing on speech act theory this article regards both as types of communication and teases out the inherent voice and message, specifically with regard to the interests of future generations. The argument unfolds in three steps. First, the article looks into speaker and speech of environmental law and argues that it speaks, as legislation does, in the first-person plural voice of a ‘we’. Second, the (...) article examines a speech of Greta Thunberg through the lens of Stanley Cavell’s theory of passionate utterances. This interpretation will unlock the political stakes of Thunberg’s speech as she claims standing with those responsible for enacting environmental law. Finally, the consequences of this reading will be analysed by relating message and voice of environmental law. As youth protests question ordinary forms of political representation, new ways of safeguarding the interests of future generations are called upon. (shrink)

Within the empirical study of moral decision making, people’s morality is often identified by measuring general moral values through a questionnaire, such as the Moral Foundations Questionnaire provided by Moral Foundations Theory (MFT). However, the success of these moral values in predicting people’s behaviour has been disappointing. The general and context-free manner in which such approaches measure moral values and people’s moral identity seems crucial in this respect. Yet, little research has been done into the underlying notion of self. This (...) article aims to fill this gap. Taking a phenomenological approach and focusing on MFT, we examine the concept of moral self that MFT assumes and present an improved concept of moral self for the empirical study of morality. First, we show that MFT adopts an essentialist concept of moral self, consisting of stable moral traits. Then, we argue that such a notion is unable to grasp the dynamical and context sensitive aspects of the moral self. We submit that Ricoeur’s narrative notion of identity, a self that reinterprets itself in every decision situation through self-narrative, is a viable alternative since it is able to incorporate context sensitivity and change, while maintaining a persisting moral identity. Finally, we argue that this narrative concept of moral self implies measuring people’s morality in a more exploratory fashion within a delineated context. (shrink)

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Scholarly work on the relationship between time and politics has a long history. Polybius and Machiavelli, to name just two important writers, have given a lot attention to the way in which politic...

Solidarity and Community: From the Politics of the Clan to Constituent Power What is at stake in invoking solidarity in legal-political contexts? The guiding hypothesis of this article is that solidarity is always and necessarily linked to the concept of community. A plea for solidarity will, in other words, directly lead one to the question: solidarity with whom? On the one hand, solidarity may be understood as extending only to those who belong to the same community as us. In this (...) reading, solidarity builds upon an already existing community and applies to members only. On the other hand, invoked by those who aim to question the status quo, solidarity also plays a key role in practices of contestation. In these contexts, it focuses on collective action and the reimagination of political community. The article ends by articulating how this second interpretation of solidarity might prove helpful in making sense of our current predicament of a global pandemic. (shrink)

The Hostis Generis Humani: A Challenge to International Law Introducing the special issue, we point out how the notion of an ‘enemy of all humanity’ challenges the very foundations of international (criminal) law. We also give an overview of the other contributions.

Ulrich Beck characterized the transition from modern to late modern society as a shift from an industrial to a “risk society.” Contemporary society is challenged by negative side effects of modernization, including the increasing and imminent threat of global climate change. This article will test the validity of conceivable prescriptive elements associated with this sociological theory. In doing so, it will focus on the most recent legal developments aimed at tackling climate change within the EU. This paper finds that the (...) precautionary approach is unable to sufficiently shape balanced legal intervention in this day and age. However, the approach adopted by the EU appears to be more successful in this respect. (shrink)

This article discusses the authority problem involved in revolutions and the institution of legal order from a phenomenological perspective. Paradoxically, every new claim to power, every revolutionary beginning, should present itself as coherent with what has already been established as authoritative by law. This authority problem is due to the two-fold challenge revolutions pose: the new order has to both constitute a break with the old order (transgression) and retain a relationship with it (response). In order to meet this two-fold (...) challenge, I will draw on the work of Hannah Arendt and Maurice Merleau-Ponty and develop a concept of the institution of legal order that can embrace transgression and response as two sides of the same coin and can shed new light on the authority problem involved in revolutions. (shrink)