Results 1 to 10 of about 85 (78)
Grundnorm, Pure Theory of Law, and Monism in the Dynamics of International Law
Indonesian Journal of International LawThe Grundnorm is Hans Kelsen’s teaching that was integrated into his theory known as the Pure Theory of Law. The Grundnorm is the highest source of legal imperative, which is accepted by every individual human being, based on his free will to submit ...
FX Adji Samekto +2 more
exaly +3 more sources
On the comparability of religious law [PDF]
Ancilla Iuris, 2022 Modern comparative law is a secular discipline. In order for it to be able to meaningfully compare state and religious rights at all, it is necessary, firstly, to recognise religious rights as law and, secondly, to make translation possible.
Ralf Michaels
doaj +1 more source
Constituting Over Constitutions
University of Bologna Law Review, 2021 In philosophy, legal theory and law, the Grundnorm, or basic norm, is often assumed to be the constitution, or that which overrides other norms. That is incorrect. This paper argues that the grundnorm should be the norm which regulates human procreation.
Carter Dillard
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The Rule of Recognition – a Remedy for the External Uncertainty of Law? [PDF]
Archiwum Filozofii Prawa i Filozofii Społecznej, 2012 According to H.L.A. Hart, the rule of recognition is one of secondary rules that is supposed to be a remedy for the uncertainty of primary rules. In this paper we will try to answer the question: To what extent may this rule guarantee legal certainty ...
Urszula Anna Kosielińska-Grabowska
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Religious Ethics and the Human Dignity Revolution
Journal of Religious Ethics, Volume 51, Issue 4, Page 652-672, December 2023., 2023 ABSTRACT Human dignity, even when analyzed through the lens of human rights, has received surprisingly little attention in the Journal of Religious Ethics, in contrast to a resurgent global interest in it. This article examines some possible reasons for this diminutive interest and makes a case for dignity's integration into the mainstream of religious
Simeon O. Ilesanmi
wiley +1 more source
Plurinational democracies in Europe: the quest for a profane constitutionalism
Journal of Law and Society, Volume 50, Issue S1, Page S140-S156, September 2023., 2023 Abstract How should we understand the claims on the right to decide on status made within plurinational member states of the European Union by actors and institutions seeking to protect the self‐government of sub‐state nations or peoples, or at least their right to consent to their ascribed status?
JOXERRAMON BENGOETXEA
wiley +1 more source
The Beneficiary's Ownership Rights in the Trust Res in a Liberal Property Regime
The Modern Law Review, Volume 86, Issue 3, Page 701-728, May 2023., 2023 This article argues that a liberal theory of property rights can help us resolve a century old debate about a foundational aspect of the trust, namely, the nature of the beneficiary's interest. According to orthodoxy, the beneficiary has a (weak form) of proprietary right to the trust res.
Hanoch Dagan, Irit Samet
wiley +1 more source
Rethinking State-Law Relations Through the Kelsen-Schmitt Debate: A Critical Introduction
Cumhuriyet Üniversitesi İktisadi ve İdari Bilimler Dergisi, 2023 This article examines the law-state relationship in the modern state by comparing the ideas of Carl Schmitt and Hans Kelsen. In this context, firstly, what modern law is and where its differences emerge from will be discussed.
Erdal Kurğan
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Towards planetary nexus governance in the Anthropocene: An earth system law perspective
Global Policy, Volume 13, Issue S3, Page 86-97, December 2022., 2022 Abstract Nexus governance recognises that sustainability concerns such as water, energy, and food security are interlinked and provides an alternative to fragmented governance. Although it has been applied mostly in the domestic context, the need for nexus governance is also apparent at a planetary scale, as highlighted by interacting planetary ...
Louis J. Kotzé, Rakhyun E. Kim
wiley +1 more source
Law and governance in the Anthropocene
Global Policy, Volume 13, Issue S3, Page 5-10, December 2022., 2022 Abstract This special issue on ‘Law and Governance in the Anthropocene’ brings together scholars from the disciplines of law and international relations to examine the ramifications of the Anthropocene for global governance and international law. The predominant focus of the literature to date has been understandably on defining the Anthropocene and on
Olivia Woolley, Cameron Harrington
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