Suchergebnisse

Critical Race Theory is a familiar and important strand of North American legal scholarship, but it is virtually unknown in Europe. This book aims to bring Critical Race Theory to a European context. Outlining its development in North America, and bringing its insights to bear upon European law and legal scholarship, the book considers Critical Race Theorys relevance in Europe, and particularly in civil law traditions, where the relationship between race and law is often presented as anodyne. Redressing the almost exclusive European focus and reading of anti-racism in terms of anti-Semitism, the conflation of race and racism with issues related to citizenship and religion, and the more general reluctance to speak of race, the book outlines the elements of a European Critical Race Theory. For law, it is demonstrated, is just as deeply involved in constructing, discriminating and subordinating racial minorities in the European context as it is in the American one even if, as this book shows, it does so in different ways

Abstract
This article provides the first in-depth analysis of the European Court of Human Rights' treatment of the jura novit curia principle. It explains how and why it has been used more frequently over the past 10 years, provides a classification of the case law and critically analyses the existing legal issues and debates that have emerged from the jurisprudence and doctrine. In particular, the 2018 Grand Chamber judgment Radomilja v. Croatia has brought jura novit curia and its potentially controversial role in the interpretation of the European Convention on Human Rights to light. Overall, this article demonstrates that this seemingly anodyne and previously understudied principle reveals conflicting views regarding the functions and purposes of the European Court of Human Rights' human rights jurisprudence. I argue that the Strasbourg judges should be careful to use the principle consistently and refrain from overusing it, especially in the later stages of proceedings and in order to reduce its case docket.

This article focuses on the legal construction of the notion of anti-White racism in France. By analyzing cases litigated under criminal law, it describes how a right-wing NGO has been promoting this notion via a litigation strategy since the late 1980s, initially with only limited success. Public debates in mainstream media in the 2000s and intervention by more traditional antiracist NGOs in courts have since contributed to a creeping acceptance of anti-White racism both within courtrooms and in broader public discourse. This increased recognition of anti-White racism is highly problematic from a critical race and critical Whiteness perspective.