Name der Zeitschrift: Klio Jahrgang: 98 Heft: 2 Seiten: 526-569.

In accordance with the Bologna Declaration, modern languages and communication skills have a growing importance in all professions. With the prospect of Croatian membership of the EU and taking into consideration the conditions of the growing internationalization of law in general, knowledge of foreign languages represents an indispensable prerequisite for international com- munication within the legal profession. Thus, teaching foreign languages in the field of law, especially English and German, is necessary not only for the pro- fessional education of (...) Croatian law students, but also for their mobility within the network of European universities. This paper presents a case-study of the current situation in teaching Legal English and Legal German in Croatian Law Schools. First, the status of foreign languages for specific purposes in the Higher Education System of the Republic of Croatia in general is analyzed. The main part of the paper is dedicated to teaching Legal English and / or Legal German as compulsory courses within the curricula of Croatian law faculties. Then some projects on teaching foreign languages to practicing lawyers will be presented. With the prospect of Croatian membership of the EU, specific education programmes for lawyer- linguists have been introduced by the Law Faculties of Zagreb and Osijek. These programmes, developed within the lifelong education project for lawyers, offer an opportunity for Croatian law students and young lawyers not only to im- prove their knowledge of Legal English and Legal German, but also to learn other languages of the EU, like French or Italian. These new programmes are the response of Croatian foreign language teachers to the current requirements of the European labour market and the challenges of the internationalization of the modern world. (shrink)

The article analyses the key issues of the legal status of the sole managing body from the perspective of the valid legal regulation, the established case-law and doctrine. The first part of the article analyses the dualism of the manager’s legal status from the perspective of civil law and labour law. The analysis of the latest case-law presented herein shows that the rule of “internal” and “external” relations between the manager and the company formulated in (...) the case-law is applied differently, and the criterion of distinguishing the manager’s as the subject of the labour law and that of the civil law statuses still remains unclear. The authors of the article are of the view that due to insufficient legal regulation in force rules established by the case-law to regulate the manager’s legal status cannot ensure the required legal certainty. Thus, the reform of the manager’s legal regulation is essential. The second part of the article strives to answer the question what legal regulation models exist and what are the main criteria of quality legal regulation. The comparative analysis of the legal status regulation of the sole managing body allows to determine the main available regulation models of the manager’s legal status and to distinguish their advantages and disadvantages. The authors of the article believe that it is necessary to take regard to other states’ practices regulating the relations at issue, however, while creating such legal regulation, the evaluation of economic, cultural and social peculiarities of Lithuania is also required. In search for the most appropriate model of the manager’s legal status, attention should be drawn to the fact that in some aspects the labour law regime is too restrictive (e.g., shareholders cannot recall the manager, who is on maternal leave, and the manager at interim does not have full authority) and uncoordinated with the doctrine of the companies’ law. Moreover, quite a few questions directly related to the issues of the manager’s authority do not fall or only partially fall into the scope of the labour law. On the other hand, the problem of the manager’s legal status involves a broader scope of points of the companies’ law than the dualism of the manager’s status, and a part of these points has already been regulated by the Law on Companies (the agreement conclusion, termination, removal from the register of legal persons, terms of notice). In regard to this, a question can be raised if it not be better to regulate the issues of the manager’s legal status by the provisions of the Law on Companies and not of the Labour Code. It is proposed to create a specific legal regulation of the companies’ law, which could meet the needs of business and match up to the doctrine of the companies’ law, which is already being applied. (shrink)

The article describes the history of Mykolas Romeris University periodical science journal “Jurisprudence”. The principal characteristics describing “Jurisprudence” as well as the content of the journal are discussed in the article. The “Jurisprudence” of today is a modern tribune that helps the scientists of Mykolas Romeris University and other educational institutions as well as the scientists of foreign countries to present to the society the findings of various scientific works in the sphere of research of fundamental and applicable legal (...) science. The journal has been officially granted the status of prestigious publication that embodies the acknowledgement of the publications for the authors of the articles published in the journal while claiming for the scientific degree or pedagogical title. The publications of this journal are reflected in the notorious international data bases. During the past twenty years, 132 tomes of “Jurisprudence”, that overwhelms more than 2100 printer’s sheets, have been published. Approximately 1900 scientific articles in Lithuanian, English, German, French, Polish and Russian have been published. The genuine popularity and the social utility of the substance published in the journal is apparent not as much from the edition of the traditional paper version of the journal as from the data, showing the numbers of users downloading the electronic version of the articles of the journal that mostly reach the four-figure numbers, sometimes extending to five or six thousand. Some attention in the article is paid to discuss the primal problematics of legal science reflected in the pages of “Jurisprudence” as well as to describe the contribution of the authors of the articles. The content of the journal allows us to ascertain the variety of publications announced, as they overwhelm practically all the classical branches of legal science. The journal analyses the conceptual matters as well as solves the specific problems dictated by practice. Most of the articles published in the journal are oriented to the primal legal problems of a particular period, raise and analyse problematical questions relevant to both science and practice as well as correspond to the novelties of legal regulation in Lithuania. (shrink)

There is legal uncertainty and academic disagreement as to the legal status of biological material that has become separated from the person. This article sets out the two criteria upon which the assessment of the legal status of ‘separated biological material’ ought to be made. It is suggested here that any argument concerning the legal status of separated biological material needs to (i) assess which ownership entitlements in the material the law ought recognize (...) and (ii) assess which set of legal rules ought to be used to protect these ownership entitlements. There are also limits to the way these two criteria ought to operate. First, the considerations that are necessary to justify an ownership entitlement in a body part vary between different types of ownership entitlements. Second, whether there is a necessary connection between recognizing an ownership entitlement and protecting the entitlement in a particular way also varies in terms of the type of ownership entitlement in question. By isolating these two criteria, and identifying the limits to their operation, this article prescribes an analytical framework through which the law and academic commentary can be viewed. (shrink)

After the establishment of the independent Slovak Republic, legal and institutional ground rules were set for providing asylum to foreigners present on the territory of the Slovak Republic. The national legislation of the last twenty years was adopted in compliance with international treaties and the European Union instruments covering asylum matters. In the field of asylum policy, the Slovak Republic complies with its traditional pillars and supports new forms of protection following the new challenges faced by the international (...) community. The currently valid Asylum Act regulates the international protection of aliens in the Slovak Republic, by defining the conditions and procedures related to granting asylum and provision of subsidiary protection and temporary shelter. The Asylum Act also covers the rights and obligations of different categories of persons, stay in asylum facilities and, partially, the integration of persons that are granted asylum. This article describes and analyses the development of the Slovak asylum legal framework and the concept of asylum policy. Furthermore, it looks at different protection statuses granted to foreigners and finally deals with the refugee migration trends in the Slovak Republic. (shrink)

Turkey hosts the world’s largest community of Syrians displaced by the ongoing armed conflict. The object of this article is to explore the damaging effects of a hostile legal context on female Syrian refugees in Turkey. I base my analysis on scholarship that theorises immigration legislation as a system of legal violence and I argue that the Temporary Protection Regulation and the Law on Foreigners and International Protection that govern the legal status of refugees in (...) Turkey inflict legal violence on Syrian female refugees. This legislation keeps them in the regime of temporary protection and prevents their access to international protection. The temporary protection regime serves furthermore as the main determinant for other forms of legal violence inflicted by various actors. I explore the effects of the Turkish government’s inaction in terms of preventing and sanctioning the abuse of Syrian female refugees as unpaid sex and household workers. I show that the extended legal limbo on the conditions of employment of Syrian refugees secures female Syrians as the most precarious workforce for Turkey’s various sectors. Finally I claim that the forced confinement of Syrian beggars in refugee camps is instrumentalised for their disciplinary regulation. (shrink)

The Republic of Poland is one of the European Union countries that have not yet implemented Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons reporting breaches of EU law (Journal of Laws EC L 305/17 of November 26, 2019). Even though signalling illegal acts is a more and more common occurrence and the social perception of such behaviours is also changing, the “whistleblowers” are not under any legal (...) protection in Poland. In the Sejm of the 9th Term of office, legislative work is underway to pass the act on the protection of persons reporting violations of the law. This will be a legal act containing comprehensive legal protection of whistleblowers. In hereby publication the author focuses on presenting the role of whistleblowers in preventing law violations by employers in the current legal state. In the next part, the above-mentioned draft act is analyzed in terms of provisions ensuring the protection of persons who disclose irregularities. Numerous tragic incidents which could have been avoided if people that were aware of irregularities could safely reveal the information are evidence of how needed an act on whistleblower protection is. The author cites examples of the sinking of the MF Herald of Free Enterprise ferry and the Deepwater Horizon platform as well as the methane explosion in the Halemba mine in Ruda Śląska. (shrink)

This book is concerned with the notion of the "stranger" -the foreigner, outsider, or alien in a country and society not their own- as well as the notion of strangeness within the self -a person's deep sense of being, as distinct from outside appearance and their conscious idea of self. Kristeva begins with the personal and moves outward by examining world literature and philosophy. She discusses the foreigner in Greek tragedy, in the Bible, and in the literature of the Middle (...) Ages, Renaissance, Enlightenment, and the twentieth century. She discusses the legal status of foreigners throughout history, gaining perspective on our own civilization. Her insights into the problems of nationality, particularly in France are more timely and relevant in an increasingly integrated and fractious world. (shrink)

The article analyses the legal status of the natural gas market regulatory institutions in Lithuania and in the member states of the European Union. First, the authors assess the most important elements of the legal status of the natural gas market regulators in the EU member states, namely, the degree of autonomy (type of institution, appointment and dismissal procedures of management, duration of the terms of office, sources of funding) and the measures aimed at ensuring accountability, (...) transparency, and prevention of conflicts of interest. Second, the legal status of the National Control Commission for Prices and Energy, which carries out functions of regulation and control of the natural gas sector in Lithuania, is examined. Finally, the authors conclude that the imperfections in the regulation of the legal status of the Commission result in several negative effects and provide reasoned proposals regarding the improvement of the legal status of the Commission. (shrink)

Le Centre autonome d'enseignement et de pédagogie religieuse (CAEPR) également appelé département de théologie est un département pédagogique de l'UFR de Sciences humaines et sociales de l'université de Lorraine situé à Metz. Les particularités statutaires du CAEPR découlent d’une convention du 25 mai 1974 conclue entre le Saint-Siège et la République française. Elle fixe les prérogatives de l’évêque de Metz dans le fonctionnement de ce département notamment pour la nomination des enseignants chercheurs. L’objectif principal de ce centre est de fournir (...) aux clercs et aux laïcs chargés de l'enseignement religieux catholique dans les écoles primaires et secondaires de la Moselle une formation appropriée. Les autorités religieuses ont de plus sur une longue période demandée aux futurs prêtres de se former dans le cadre du CAEPR. L’évêque de Metz a décidé en 2018 de rompre les liens avec le CAEPER et de mettre fin à la formation universitaire publique des cadres religieux en regrettant que ces formations trop élitistes ne prennent pas en compte les « dimensions humaine, spirituelle et pastorale ». (shrink)

We present an argument in support of the legal prohibition of infant male circumcision (IMC) in developed Western countries. We submit that all IMC, irrespective of whether the motivation behind it be secular or religious, violates children’s rights to self-determination (autonomy) and bodily integrity and is therefore morally illegitimate. And while IMC’s being morally wrong does not entail that it ought to be criminalised, we contend that it should be legally proscribed so as to protect children against harm and (...) to uphold their rights. We consider and reject an argument that an exemption from the legal ban should be granted to religious parents who perceive themselves to be under a moral obligation to subject their male infants to IMC. We argue that since IMC sets back children’s basic interests and violates their rights, there is no room, and no case, for the conferring of a religious exemption. (shrink)

The establishment of the Common European Asylum System by 2012 remains a key policy objective for the European Union. According to the Council of the European Union, the development of a Common Asylum Policy should be based on a full and inclusive application of the 1951 Geneva Convention Relating to the Status of Refugees and other relevant international treaties. In the European Pact on Immigration and Asylum attention is brought to the persistence of wide disparities amongst Member States in (...) the granting of protection and the form of protection granted. This is seen as one of the main problems to be addressed in building the CEAS. It is fairly obvious that existing divergences in policy have a substantial impact upon the aims of the CEAS. It can be assumed that the difference in governmental practices involving recognizing asylum seekers on refugee grounds or subsidiary protection grounds may be a substantial factor in the decision-making process on where to apply for international protection. The European Commission stressed the importance, during the second phase of the CEAS, of paying particular attention to subsidiary and other forms of protection. (shrink)

This book is concerned with the notion of the "stranger" -the foreigner, outsider, or alien in a country and society not their own- as well as the notion of strangeness within the self -a person's deep sense of being, as distinct from outside appearance and their conscious idea of self. Kristeva begins with the personal and moves outward by examining world literature and philosophy. She discusses the foreigner in Greek tragedy, in the Bible, and in the literature of the Middle (...) Ages, Renaissance, Enlightenment, and the twentieth century. She discusses the legal status of foreigners throughout history, gaining perspective on our own civilization. Her insights into the problems of nationality, particularly in France are more timely and relevant in an increasingly integrated and fractious world. (shrink)

This paper addresses the issue of the legal status of non-human animals and the possibility of changing it from the status of things or property to the status of non-things, or better, sentient beings. Key arguments for the change of their status are discussed, including the argument from marginal cases, as well as scientific evidence indicating that many animals are sentient beings. Two ways of initiating such changes seem most promising: legislation, i.e. modification of the (...) civil codes, and litigation, i.e. filing lawsuits on behalf of individual animals. It is argued that legislative changes are necessary for moving animals out of the legal category of things and into the category of sentient beings that can bear rights. On the other hand, litigation could bring about more radical change of the legal status of some animals. (shrink)

The face is a component of an individual’s image, and as such it belongs to the attributes of a person’s identity. The spread of photography and other means of recording the image of a person’s face have been accompanied by an increase in the scale of threats of unauthorized intrusion into the sphere of individual privacy. The nature and frequency of the manifestations of interference with privacy are significantly influenced by the Internet and easy access to mass media, including electronic (...) media, in the information society. These phenomena are also becoming apparent in the field of employment. With the development of modern technologies used in workplaces to process personal data and control employees, the threat of unwarranted intrusion into the sphere of privacy of a person performing subordinate work is constantly increasing—not only by the employer, but also by third parties. Nowadays, one-, two- and three-dimensional images of the employee’s face are processed, including the use of biometric techniques. This paper attempts to show the limits of permissible interference in the sphere of employee privacy in connection with the recording, processing and sharing of images of the employee’s face using modern technologies. The subject of the analysis will be the solutions in EU and national law; in particular, those regulations concerning the protection of an employee’s personal data. The formal-dogmatic method is the basic research tool used to achieve the research objective. (shrink)

Under Chinese law, the juridical status of the embryo and the foetus is unclear, mainly because the existing legislation can be subject to diverse interpretations due to its ambiguous language. Lack of clarity with the law has led to different understandings amongst Chinese legal scholars. However, although there has been no consensus, there has been a clear tendency to deprive embryos and foetuses of legal status or personhood, thereby excluding them from entitlement to fundamental rights, an (...) understanding reinforced by the Confucian view of the beginning of life. It is expected that in the near future the Chinese courts will face issues involving embryos and foetuses more often, such as disputes over in vitro embryos. The lack of legal precedent could result in contradictory resolutions, therefore, the law should clarify the legal status of embryos and foetuses and accord to prenatal life special respect and treatment. (shrink)

This paper will ask whether the legal status presently afforded to nonhuman animals ought to influence regulatory debates concerning human cerebral organoids. The New York Courts recently refused to grant a writ of habeas corpus to Happy the Elephant as she was property rather than a legal person while at the same time accepting that she is a moral patient deserving of rights protection. An undesirable situation has therefore arisen in which the law holds a being with (...) moral status to be incapable of benefitting from legal redress due to their legal status as property.The author argues that this is something that we ought to avoid when designing the regulatory framework which will govern the use of human cerebral organoids. Yet, a difference exists in that, whereas the judges already accept Happy is a moral patient, there is presently no consensus around the moral status of organoids. This paper will consider whether human cerebral organoids have passed the moral threshold of sentience. If they have, or are close to doing so, regulators ought to consider their legal status in advance so as to ensure that adequate limitations are placed on this usage so as to avoid unethical practices. (shrink)

The use of specific language in the democratic Polish Constitution enacted on 2 April 1997 has created the essential differences in the status of religions and Churches in Poland to this in some other countries. It accepts the modern principles and values (tolerance, freedom, mutual independence of state and churches) but precludes the atheistic, hostile or indifferent to religions interpretations and implementations of these values and principles.

Two right-to-die organisations offer assisted suicide in Switzerland. The specific legal situation allows assistance to Swiss and foreign citizens. Both organisations require a report of the person’s health status before considering assistance. This qualitative study explored these reports filed to legal authorities after the deaths of individuals in the area of Zurich. Health status reports in the legal medical dossiers of the deceased were analysed using content analysis and Grounded Theory. From 421 cases of assisted (...) suicide (2001–2004), 350 reports on health status were filed. Many cases contained diagnosis lists only. Other reports had more elaborate reports revealing that some physicians were aware about the patient’s death wish and the intention to solicit assisted suicide. Physicians’ attitudes ranged from neutral to rather depreciative. Few physicians openly referred the patient to the organisations and supported the patient’s request by highlighting a history of suffering as well as reporting understanding and agreement with the patient’s wish to hasten death. In the health status reports five categories could be identified. Some files revealed that physicians were aware of the death wish. The knowledge and recognition of the patient’s death wish varied from no apparent awareness to strongly supportive. This variety might be due to difficulties to discuss the death wish with patients, but might also reflect the challenge to avoid legal prosecution in the country of origin. To require comparable health status reports as requirements for the right-to-die organisations might be difficult to pursue. (shrink)

Traditions and transformations of legal ethics -- Conceptions of legal ethics -- Multi-dimensional theory of legal ethics -- Legal ethics and some theoretical models of law -- Legal ethics among legal sciences.

De Bie et al. posit thatthe best way to describe the person who would receive current AWT is as a “fetal neonate” or fetonate. Neonatal pertains to the fact that the subject is removed from the wom...

BackgroundFollowing the increased presence of the Right-to-Die Movement, improved end-of-life options, and the political and legal status of aid-in-dying around the globe, suicide tourism has become a promising alternative for individuals who wish to end their lives. Yet, little is known about this from the perspective of those who engage in the phenomenon.MethodsThis study applied the qualitative research approach, following the grounded theory tradition. It includes 11 in-depth semi-structured interviews with Israeli members of the Swiss non-profit Dignitas who (...) contemplated traveling to Switzerland for aid-in-dying.ResultsSeven themes emerged from the data analysis, including health and functioning; feelings regarding survivorship and existence; interacting with the health sector; attitudes regarding death and dying; suicide; choosing death; and choosing suicide tourism. A significant portion of the participants had experienced suicidal thoughts and had even previously attempted suicide, some more than once. Most of them referred to chronic illnesses, functional disability, and social isolation. They understand suffering within the subjective dimension, namely only by the person who is actually subjected to the disease, ailments, and disability. Participants regarded aid-in-dying in Switzerland as positive thanks to its guaranteed outcome: "beautiful death", compared to "disadvantaged dying" which places a burden on the participants' loved ones throughout the prolonged dying. Most of them do not necessarily want to have their loved ones beside them when they die, and they see no significant meaning in dying in a foreign country to which they have no emotional or civil attachment.ConclusionThe desirable approval or tragic refusal by Dignitas to participants' requests for suicide tourism enhances the paradox between the perception of aid-in-dying as a mechanism for fulfilling controlled death and its bureaucratic and materialistic characteristics specifically reflected in a paid, formalized approach to aid-in-dying that cultivate dependency and collaboration. (shrink)

Este artículo analiza los cambios que se produjeron en el estatus legal de las esclavas (yawari) con la introducción y expansión del islam entre los árabes. El autor analiza tanto las causas religiosas como las debidas a factores históricos y sociales: cambio en los criterios del reparto del botín de guerra, en el trato y uso de las prisioneras de guerra, introducción del concepto de umm al-walad, etc. Igualmente, se estudia la repercusión social que tuvieron estos cambios para las (...) esclavas y para las familias a las que pertenecían. (shrink)

The Nile, one of the longest rivers in the world, has not been subjected to a uniform legal regime yet, despite the pressing needs. The hitherto proposals presented by the riparian states of the lower and upper reaches have not been unanimously accepted. Egypt and Sudan face particular difficult situation since the Nile river is their main source of water supply. It is argued that the lack of necessary coordination among all the States in the basin may in the (...) future lead to significant damage and consequences both in terms of access to water and its quality. This short study critically examines past and present initiatives undertaken to solve one of the most controversial aspects of international law in Africa. (shrink)

Pollitt and Bouckaert and their neo-Weberian state (NWS) have been chosen as the subject for this essay because the book has become a standard work in the public management movement. It is frequently cited and has been re-published in multiple editions (most recently in 2017). The authors also refer explicitly to Max Weber.This contribution seeks to draw attention to three important aspects, which inevitably overlap with one another:1. There is no Weber in the neo-Weberian State (introduction, 1; section II). Pollitt (...) and Bouckaert fail to grasp that Weber’s understanding of the state [the state as an “institution” (Anstalt); and the state as an “idea of validity” (Geltungsvorstellung)] is not identical to his ideal type of modern bureaucracy; it is the features of the latter on which they draw. The ideal type is a standard measure constructed in order to establish how close any concrete, given instance of bureaucracy comes to it (introduction, 3). Meanwhile, the “neutral official” insisted upon by Weber has “taken their leave” in Germany from important positions (section III, 3). Furthermore, Weber did not address those structures and processes internal to the administration which are precisely the object of interest for the new public management reformers. Weber’s lack of interest arises from the fact the members of anAnstalt, whether it is the state or the Church (WuG, § 15, no. 2), are subject to imposed orders (oktroyierte Ordnungen) and, as such, do not enjoy the “right to have a say”. Scharpf (1973a) was the first to pay particular attention to the problems brought about by specialisation and by the division of labour within the administration that are responsible for an incremental form of politics (section III, 3); even if he later ascribes advantages to the combination of “negative” and “positive coordination” (Scharpf 1991: 18ff.).2. The “legalistic culture” that characterises Germany will be considered in a more differentiated way, drawing on empirical studies which provide information, for example, on how laws (i.e. programmes)actuallyoriginate inside the ministerial apparatus (introduction, 2; section III, 2 and 3) or how use is made of the power of authority (Weisungsrecht) in practice (introduction, 2; section III, 2 and 3), even when, formally, it claims to have validity (section III). In this way, only empirical studies (Benz 1994; Bohne 1981; Dose 1997; Dose/Voigt 1995; Treiber 2007a) prove that the administration that implements laws has often, in practice, become a “negotiative administration” (introduction, 2). Such a phenomenon as a “co-operative administration”, which negotiates rather than rules, is a “foreign concept” in Weber’s discussion of the state and modern bureaucracy. Scharpf’s (1970) comparison between constitutional governance in Germany and legal relief in America is enlightening when it comes to the meaning of the constitutional state (Rechtsstaat) (introduction, 2; section III); the same applies to his discussion of the failed federalist reforms, which sought, among other things, to mitigate, if not entirely eliminate, the opportunities for blockades provided by political entanglement (Politikverflechtung) (section III). Neither was it possible to realise long overdue proposals to reform administrative law (Verwaltungsrecht) (section III, 1), which involved weakening or removing altogether three important assumptions in the dominant administrative doctrine (the “dogmatic normality”) and which also included the ambitious intention for the law to achieve tangible impact (Hoffmann-Riem 1994). Nonetheless, while no-one would dispute that reform of the federal government and administration remained “on the agenda” (Scharpf 1991, Mayntz/ Scharpf 1973), the priorities of such a reform were, and still are, different to those of new public management reform [the key terms here arePlanung(“planning”) and the term that replaced it,Steuerung(“management”)]1.3. Pollitt and Bouckaert ascribe to the neo-Weberian state extremely varied functions without providing any (theoretical) basis for them. In this way, the notion of public management reform that they present acquires the status of a “reformist philosophy” (introduction, 3; section IV). See Scharpf (1991) for a theoretically well-founded argumentation on the State’s ability to act in our days. Scharpf’s essay will be discussed briefly (section IV).ConclusionThere is no Weber in the neo-Weberian state. According to the discussion presented here, the neo-Weberian state can only mean: how would a modern state constituted by Weber look today? (shrink)

In this article, I examine the legal position of those who perform caregiving work within the context of a cohabiting relationship through a novel relational vulnerability lens. I argue that the state, through privatising and devaluing caregiving labour, situates carers within an unequal and imbalanced relational framework, exposing them economic, emotional, and spatial harms. Unlike universal vulnerability, which is inherent and unavoidable, relational vulnerability can be avoided and reduced if the state were to acknowledge that humans are embodied and (...) relational rather than self-sufficient and rational. Law’s treatment of cohabiting carers reflects the state’s broader tendency to value economic self-sufficiency, while confining caregiving to the private family. I argue that the state has a duty to respond directly to relational vulnerability and should aim to make cohabiting carers resilient. Resilience must involve the provision of material resources but should also have a normative commitment to achieving autonomy and equality for those marginalised by law and state policies. (shrink)

Their paper begins with the observation that, even though many philosophers, especially in the twentieth century, have had personal experience of exile, they rarely treat the topic of exile directly in their philosophical works. Existentialist thinkers such as Heidegger, it is true, have employed exile as a metaphor for the human condition, yet the concrete experience of political exile has been treated as somehow lacking the universality that canonical philosophy needs. This paper warns against the temptation to conflate the real (...) situation of exile with a general condition of existential unbelongingness. It goes on to trace two major threads in the history of the philosophical treatment of citizenship, the one deriving from Plato and the other from Kant and to explore their relevance to contemporary debate around the moral and legal status of those who seek refuge abroad from war, oppression, or other kinds of threat in their homeland. The Platonic tradition treats citizenship as deriving primarily from association with a land; it views foreigners as having the potential to contaminate the polis and any citizen who spends time away from the polis as likely to betray it. While many features of the Platonic position have not survived to the present, it is noteworthy that, for indigenous peoples in many parts of the world, attachment to the land remains of fundamental importance. At the same time, though migration of many kinds has become extremely common, some individuals and governments in the first world still demonstrate a visceral belief that refugees and immigrants to their country will somehow corrupt or contaminate it. The Kantian position, by contrast, treats citizenship as, ideally at least, cosmopolitan and global. It envisages nation states as moving towards “an enduring and gradually expanding federation likely to prevent war”. Consequently, the stranger seeking refuge abroad from life-threatening persecution in his or her own country has what Kant refers to as a “right of resort” in another country. While Kant argues that we must therefore not show hostility to such people, our obligations to them do not extend to philanthropic hospitality. This assertion of a limited obligation to displaced persons forms the basis for much contemporary discussion around the rights of refugees and migrants. Globalization, of course, has not taken quite the form that Kant envisaged. While the United Nations asserts the universality of human rights, and certain clusters of countries, such as those in Western Europe, have moved towards federation and free internal movement of their citizens, so-called globalization has taken place primarily on the economic, rather than the political, level. The extreme international mobility of investment capital from first-world countries in search of cheap labour is not currently matched by an acceptance within such countries of the rights of third-world citizens to migrate to their shores in search of higher wages and improved living conditions. Finally, this paper offers a critique of both the Platonic and the Kantian positions and argues the need in the modern world for institutional arrangements which represent a variety of interests and struggles across national boundaries. (shrink)

This article proposes an interpretation of the status of the Grundnorm in Hans Kelsen’s legal theory which addresses the broader philosophical problem of the ultimate foundation of normativity. It begins by reviewing the main objections that have been raised against Kelsen’s theory, pointing out that most of these can be met by a ‘transcendental’ interpretation of the Grundnorm as a condition of possibility for legal cognition. It then argues that in order to solve the problem of the (...) ultimate foundation for legal validity it is also necessary to read the Grundnorm in light of the parallel category of ‘nomo-dynamicity’, which Kelsen introduced in all his legal writings beginning with the Pure Theory of Law of 1933. This yields a conception of legal validity as an ‘essentially temporal’ category, from the point of view of which the problem of ultimate foundations cannot emerge because the beginning is by definition not situated conceptually within time. The broader conclusion is therefore that overcoming the problem of the ultimate foundation of normativity requires abandoning the theologico-political assumption that valid norms are posited through a sovereign gesture analogous to that through which God is supposed to have created the universe ex nihilo. Construing normativity as ‘essentially temporal’ implies that the search for ultimate foundations must run into a category that is entirely foreign to political theology but well known to phenomenology: that of an ‘always-already’. (shrink)

This paper addresses the issue of the moral standing of nonhuman animals and their moral and legal rights. First of all, two most prominent views arguing for moral significance of animals are discussed. Peter Singer’s utilitarian view is that animals are sentient beings and therefore deserve equal consideration of their interests. Next, Tom Regan’s standpoint is that many animals have inherent value as experiencing subjects of a life, and consequently an equal right to be treated with respect. This is (...) followed by a discussion about legislation and legal practice in our country and abroad. Finally, it is argued that animals should have at least some basic rights guaranteed by the law. (shrink)

Book reviewed in this article: Life Before Birth: The Moral and Legal Status of Embryos and Fetuses. By Bonnie Steinbock.

The brilliant Aspasia owes her fame to two men. She was the beloved and revered companion of Pericles, the most powerful and prestigious Athenian of the city’s golden age (460–430 BCE), and the privileged and respected interlocutor of Socrates. Her position as a valued companion and recognised intellectual—exceptional in a city where custom dictated that silence and invisibility represented a woman’s greatest glory—was no doubt connected with her status as a metic (resident alien). This status, while denying her (...) the right to become the legal spouse of the man whose life she shared, allowed her—at the risk of a somewhat sulphurous reputation—the freedom to be seen, to think, and to express herself. While the beautiful woman from Miletus has remained silent, if we assume that the insults she was showered with were essentially aimed at her lover, the leader of the democrats, the sources we have at our disposal allow us to study her relationships with Socrates and Pericles. (shrink)

Can a soldier be held responsible for fighting in a war that is illegal or unjust? The chapters in the book both challenge and defend many deeply held assumptions: about the liability of soldiers for crimes of aggression, about the nature and justifiability of terrorism, about the relationship between law and morality.

On a charge of murder or manslaughter it must be shown that the person killed was one who was in being. It is neither murder nor manslaughter to kill an unborn child while still in its mother’s womb although it may be the statutory offences of child destruction or abortion. If however the child is born alive and afterwards dies by reason of an unlawful act done to it in the mother’s womb or in the process of birth, the person (...) who committed that act is guilty of murder or manslaughter according to the intent with which the act is done. [Halsbury’s LAWS OF ENGLAND, 4th ed. reissue, Vol. 11 (1). London: Butterworths, 1990.]. (shrink)