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The rule of law and the other values contained in Article 2 of the Treaty on European Union (Art 2 TEU) comprise the constitutional identity of the European Union (Union). These values form part of the Union’s very foundation. Art 3(1) and (6) TEU, in conjunction with Art 2 TEU, declare the Union’s aim to promote and pursue the rule of law as one of its core values. These provisions indicate that the rule of law is not only a constitutional principle but gives the Union a mandate to shape its policies accordingly in order to create an enabling ecosystem for the rule of law in the Member States. The Union may counter internal threats to the rule of law, but it can and should also take positive legal action to strengthen and consolidate the rule of law in the Member States by making u... |
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 cons... |
Is criminal law “exceptional”? In other words: is criminal law essentially different from any other branch of the law, being governed by special—indeed, unique—principles, different from those underlying the remaining parts of the legal system? |
Human mortality has been one of F.M. Kamm’s central concerns throughout her distinguished career in moral philosophy. Ever since her monumental, two-volume Morality, Mortality (1993, 1996), Kamm’s books have addressed an array of questions concerning the interpersonal morality of killing, letting die, and saving lives, with the wider aim of articulating a non-consequentialist approach to such questions. Along the way, she has become the chief exemplar of a case-heavy method of reflective equilibrium wherein moral principles are tested against cases and assessed in light of our intuitions concerning those cases, generating new (usually more nuanced or qualified) principles to be tested against ever more subtle cases, etc. |
This article aims to contribute to scholarship regarding the critique of rights through the examination of the role of rights discourse in the furtherance of what is generally termed ‘community organising’—in particular, tenant organising—in the social and political context of neoliberalism. Conceptions of neoliberalism advanced in the work of David Harvey, Michel Foucault, Wendy Brown, and Bonnie Honig are synthesised to explicate the material and discursive role of law in the maintenance and furtherance of the neoliberal project. The article assesses the left-legal critique of rights presented primarily through the Critical Legal Studies Movement alongside the role of legal practice and legal discourse in countering neoliberalism. |
The interests of athletes are a fundamental aspect of the Olympic Movement. Yet, athletes face jurisdictional barriers when attempting to advance their interests and challenge the International Olympic Committee (IOC)’s exercise of authority over the Olympic Movement, including the IOC’s decisions regarding which sport events are included in the Olympic Games. Previous attempts to challenge the IOC’s selection of sport events for the Olympic Games have been unsuccessful in national courts, as seen in the case of Sagen v. Vancouver Organizing Committee for the 2010 Olympic and Paralympic Winter Games (“Sagen”) involving women’s ski jumping. |
Ensuring the proper implementation of academic freedom can be difficult both for policymakers and university authorities. Hence, great emphasis should be given to the defensive function of academic freedom. In this paper, we analyse the legal regulations and the jurisprudence of the constitutional courts of Germany, Hungary, Poland, Portugal, and Spain. We identify who is the holder of academic freedom, how the defensive function of academic freedom works and what academic activities are being protected. The study shows that individual countries emphasise slightly different aspects of the defensive function of academic freedom but remain unanimous on the essence of this function. |
‘The Future of Legal Gender’ project has assessed the potential implications for feminist legal scholarship and activism of decertifying sex/gender. Decertification refers to the state moving away from officially determining or registering sex/gender. This article explores the potential impact of such moves on equal pay law and gender pay gap reporting. Equal pay and gender pay gap reporting laws provide an important focus for the project because they aim to address structural dynamics associated with persistent pay inequality that women experience across occupations in the United Kingdom. These legal measures illuminate gendering as a large-scale social problem widely understood to operate structurally and systemically. |
The United Nations and major humanitarian organizations have made policy commitments to promote gender equality and empower women and girls. This study assesses the extent to which humanitarian responses have met these commitments based on reviews of gender mainstreaming, textual analysis of policy and program cycle documents, and interviews with humanitarian actors. The analysis reveals that while gender mainstreaming may raise awareness and make fixes at the margins, its focus has been limited to altering internal processes rather than emphasizing results for women and men and girls and boys. Our study also analyzes the cultural and institutional context in which gender mainstreaming takes place. |
The article defines the research field of a semiotically oriented philosophy of digital communication. It lays out its methodological perspective, pointing out how the fake has always been at the center of semiotic research. It traces the origin of deepfakes back to the conception of GANs, whose essential semiotic workings it expounds on. It enucleates the specificities of the digital fake, especially in the production of artificial faces. It reviews the deepfake phenomenon, enunciating its most recent statistics, prevalent areas of application, risks, and opportunities. It surveys the most current literature. It concludes by emphasizing the novelty of a situation in which the fake, in human societies and cultures, is produced mostly by machines. It stresses the desirability for a s... |
