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People can be treated unjustly with respect to the level of credibility others accord to their testimony. This is the core idea of the philosophical idea of epistemic justice. It should be of utmost interest to criminal law which extensively deals with normative issues of evidence and testimony. It may reconstruct some of the long-standing criticisms of criminal law regarding credibility assessments and the treatment of witnesses, especially in sexual assault cases. However, philosophical discussions often overlook the intricate complexities of real procedural law and its underlying considerations. In its present form, the philosophical notion of epistemic injustice provides limited insights into legal discourse; it necessitates translation and adaptation. |
Central and Eastern European countries (CEE), compared to common law countries but also other civil law countries of Europe, are known for a strikingly high representation of women within judiciaries. This, however, does not mean that equality has been achieved, as women judges do not reach leadership positions at the same rate as their male peers. Taking the Czech Republic as a case study, this contribution explores the barriers women judges face within a CEE judiciary and analyses their reflections on their positions. The interviews with women judges show that while they are well aware of what is holding them back, most of them do not perceive the structurally unequal position of men and women in Czech society and in the judiciary as a problem and accept the consequences as being ... |
EU case-law has long considered trade mark applications made in bad faith to be dishonest practice that involves a sign used by a third party. This approach stems from the crucial factors of bad faith stipulated by the CJEU in the Lindt case C-529/07. However, recent CJEU case-law clearly suggests that a trade mark application can also be alleged to be in bad faith when it has nothing to do with a third-party sign but instead involves a dishonest strategy for protecting the applicant’s own trade marks. The aim of this paper is to provide a comprehensive catalogue of premises for finding bad faith in the context of a trade mark application, and to analyse their importance from the perspective of business strategy for protecting trade marks. It follows from the relevant case-law that ... |
In articles published ten years apart in 2011 and 2021, Gur-Arye argues that when considering an agent’s explanation for doing something that looks, prima facie, like a criminal offence, we should distinguish between a plea of justification, and an assertion that one acted within one’s power. The former explains an agent’s reasons for having committed a pro tanto offence (i.e., actus reus + mens rea). The latter is a denial that the agent committed any pro tanto offence at all. In this piece, I build on Gur-Arye’s argument, suggesting that her claim about powers can be extended to all instances in which rights are displaced. I argue that in its expanded form, the practical significance of Gur-Arye’s claim goes well beyond what she identifies. It points to important and underapprecia... |
This paper aims to examine the legal framework and principles governing the Statutes of the Iranian Football Federation [FFIRI (The acronyms FFIRI and IRIFF have been interchangeably employed in various correspondences involving the AFC and FIFA). The FFIRI Statutes, which defines and explains the legal structure of the organization, is central to the establishment of judicial principles governing the football organization. It serves as the official framework for establishing substantive legal principles, and as such, is subject to challenges. The challenges surrounding the FFIRI Statutes are primarily concentrated around three main areas: sports-related laws, legal structure definitions in the Statutes, and the jurisdiction of judicial bodies within the Football Federation. In this... |
The sui generis database right is an intellectual property right created in the European Union to stimulate investment in the curation of databases. Since its inception, communities engaged in research and development efforts have questioned its potential to incentivise database production, and posit that it stifles productive downstream uses of existing datasets. European courts have restricted the right’s ambit through a restrictive interpretation of the circumstances in which it applies, which we argue, enables downstream use of biological databases. Nonetheless, residual ambiguities about potential infringement of the right exist. The prospect of unintentional infringement can frustrate downstream innovation. These ambiguities are compounded because the criteria that determine w... |
The European 'messianic' project was not particularly concerned with democracy or human rights, but rather sought 'legitimacy' in the nobility of its cause. However, when failure struck during the Euro-crisis, many sources of legitimacy suddenly collapsed. Similarly, failure struck the rule of law principle, demonstrating its precariousness and weak source of legitimation. The strong waves of de-europeanisation and the rise of illiberal democracies not only bolster the existing preoccupations of problematic democratic procedures, but further bring into question the continuity of the EU as a supranational entity. Interestingly, the European Union’s answer to these issues furnishes a solution that, on the one hand, focuses on the enhancement of democracy, while focusing the safeguardi... |
Despite its popularity in recent theorisations of law as an artifact, the idea that law is an immaterial being, independent from even the documents that contain legal acts, has not been subjected to a focused analysis. This paper fills this noticeable gap. After providing generalizing account of the Immateriality Thesis, based on its different expositions in the literature, the paper criticises it. First, it argues that it is based on the counterfactual assumption that semantic content can exist beyond any carrier for itself. The paper then elaborates on the thesis’ empirical implausibility, particularly its ignorance of how much the law is as it is due to writing. Third, the paper reveals how the thesis is difficult to combine with other jurisprudential issues, notably law’s effect... |
This article embarks on a tour of Brexit Britain in the company of the eighteenth-century writer Daniel Defoe. The closer text is his A Tour Through the Whole Island of Great Britain, published between 1724 and 1726. Defoe wrote his Tour, in considerable part, as a gentleman’s guide to the newly ‘United’ Kingdom of Great Britain. It seems apt to revisit Defoe’s Tour given the stresses which presently test the integrity of this same union three centuries on. Stresses which moreover have been exacerbated by Britain’s tortured attempt to extricate itself from another Union, the European. The article will, in fact, revisit just three of the places to which Defoe invited his readers; Rochester, Westminster and Edinburgh. The reason for these three destinations will become apparent. |
Courts are often criticised as undemocratic. The backlash against international courts in the last decade is also partly driven by this concern. Human rights courts’ legitimacy is particularly challenged because they aim to protect human rights against the very states that need to comply with and implement the courts’ judgements. Therefore, several international courts have developed mechanisms of deference to states. One especially interesting tool is the European Court of Human Rights’ margin of appreciation doctrine. This paper proposes that the margin of appreciation can ensure the conditions of personal autonomy by protecting human rights while respecting the democratic decisions of states. Yet, states’ decisions should only be respected insofar as they realise political autono... |
