Non-legality in international law: unruly law
In: Cambridge studies in international and comparative law
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In: Cambridge studies in international and comparative law
In: George Washington International Law Review, Band 47, Heft 1
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In: Lloyd's Maritime and Commercial Law Quarterly, 541-574, 2015
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In: Zeitschrift für ausländisches öffentliches Recht und Völkerrecht: ZaöRV = Heidelberg journal of international law : HJIL, Band 68, Heft 1, S. 69-110
ISSN: 0044-2348
World Affairs Online
"The problem of absolutes" refers to the difficulty of grounding and defending absolute prohibitions in a legal system that is rationalized on the basis of means-ends rationality. (An example might be the difficulty in identifying an absolute prohibition on torture that is not susceptible to being reinterpreted, read down, or negotiated away.) In the present paper, I associate this difficulty in the first instance with Max Weber's account of the rationalization of law and the distancing of law from any sense of sacred or transcendent obligation. But other developments need to be considered as well. I argue that the problem is as much about morality as it is about law. The two-law and morality-develop together in a complementary way, and the problem of legal absolutes tends to be matched by a corresponding difficulty with moral absolutes, just as the desanctification of law tends to be matched by a desanctification of morality"--
In: (2023) European Business Organization Law Review (Forthcoming)
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In: Cambridge Companion to Public Law, Cambridge University Press, Forthcoming
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In: Latin American Energy Policies
Establishes the principles that govern the environmental policy and the basic norms for the regulation of the administration of the environment and the actions of the citizens and society in general, with the goal to protect the environment and achieve the sustainable development of the Country.
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The presentation explores whether housing law and anti-discrimination law can be reflected upon jointly in order to address socioeconomic inequalities, understood as major constraints to the access to adequate housing. The first section analyses the prohibition of discrimination on the grounds of socioeconomic status as contained in selected international human rights instruments and in European Union law, in light of the guidance of the bodies tasked with their interpretation and application. The second section focuses specifically on housing, examining how the aforementioned prohibition applies in this field and which specific mechanisms ought to be put in place to effectively secure the right to housing of low-income groups.
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In: Law and Philosophy Library 139
In: Springer eBook Collection
The Chain Novel of Civil Law – Dworkin, Brandom and the Rational Practice of Law outside of Common Law Systems -- The Civil Law as Foundation of the Common Law: Roscoe Pounds looks at the Origins of the Common Law -- Progress in Purity v. Purity in Progress. On: "The Law works itself pure -- In the Mix: Common Law and Civil Law Approaches United -- Presumption(s) of Correctness (?): Comparing the Methodological Relevance of Judicial Precedents in Civil Law and in Common Law Systems -- A Matter of Choice: On China's Transition to a Civil Law System -- Xxx -- Between Guidance and Discretion: Mainstream and Critical Portrayals of Judges in the Civil Law and (American) Common Law Worlds -- Civil Law is only more or less Common Law – why Overstate the Difference? -- Common Law and Civil: Tree Diagram or Pyramid of Norms? -- A Positive Turn: Originalism between Common Law and Civil Law -- Common Law, Civil Law, and the Data of Legal Philosophy -- A Post Mortem on Legal Science? -- Two Faces of judicial decision making. On the concept of judicial precedent in the Civil Law Countries -- Common Law and Civil Law – The Matter of Constitutional Reasoning.
In: Reiner Schulze and Fryderyk Zoll (eds), The Law of Obligations in Europe: A New Wave of Codifications (Sellier European Law Publishers, Munich: 2013), pp. 213-243
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Working paper
ISSN: 2079-9918
ISSN: 2367-4601
In: Virginia Journal of International Law, 2024 (forthcoming)
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