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The article reconstructs the is/ought debate in legal theory through a phenomenological reading of the concept of normality. An analysis of Siniscalchi, Fuller and Manderson looks at the issue from the perspective of law and literature, and then applies Giambattista Vico’s rhetorical methodology within the contemporary debate. The question: “is Hume’s law really visible within Hume’s thought?” also paradoxically poses the figure of phantoms and fictions at the heart of the current theoretical debate on law. A history of the phantom placed at the centre of the history of Western institutions still remains to be written, but a comparison of very diverse and incongrous approaches such as the extended order of Hayek, the dogmatic anthropology of Legendre, the eunomics of Fuller and the ... |
Expert signs and expert evidence generate a justification problem in legal factfinding: factfinders cannot form a justified belief about the relevant matter, nor justify the acceptance of an expert testimony, insofar as they do not understand it. The different profiles of factfinders in different legal systems (with jury trial or not) do not make a substantial difference for the point addressed, namely the epistemic or doxastic impasse generated by the inability to understand expert signs, for this occurs everywhere. However, legal systems have a way out of the impasse: burdens of proof. Burden rules govern the outcome of a case. If a burden is not discharged, decision must be against the burdened party. After discussing various aspects of the “Daubert trilogy” and performing a semi... |
This paper analyses controversial patent licensing conditions in the Information Communication Technology (ICT) sector as “unfair trading conditions” under Art. 102(a) TFEU. It argues that the application of the Technology Transfer Block Exemption Regulation does not prevent the assessment of patent licensing conditions under Art. 102 if the licensor is dominant in the market. Hence, the article examines four categories of controversial licensing conditions in the light of the case law of the Court of Justice of the European Union under Art. 102(a): grant-back clauses, no-challenge clauses, portfolio-wide licenses, and contract term decoupled from patent validity. Developing old precedents in new application cases, the abuse-of-dominance analysis finds that each license clause is ca... |
Generally, when thinking of artifacts, one imagines “technical artifacts”. Technical artifacts are those artifacts that perform a mere causal function. Their purpose is to instrumentally help and support an action, not to change behaviour. However, technical artifacts do not exhaust the set of artifacts. Alongside technical artifacts there are also artifacts that we can call “cognitive artifacts”. Cognitive artifacts are all those artifacts that operate upon information in order to improve human cognitive performances. Artifacts of a further, different kind are what we may call “regulatory artifacts”; that is, material artifacts devised and made to regulate behaviour. |
This paper presents an estimate for the mass of hydrogen that would be needed to power the current fleet of Crew Transport Vessels (CTVs) used for maintaining the German offshore wind farms and how this demand may be geographically distributed. The estimate is based on a calculation of the marine diesel oil consumption of the current fleet, which is further employed for estimating the current emissions of these activities. Based on the predicted price of hydrogen, bunkering the CTV fleet with hydrogen may become economically advantageous in the future. Moreover, using hydrogen may reduce CO2 emissions. Results have been obtained by using vessel position data, weather data, and diesel consumption estimates. |
The new European judicial training strategy for 2021–2024 states, page 4, under “Equipping practitioners to address new challenges” that: “The COVID-19 pandemic has altered criminals’ modi operandi, leading to a significant increase in offences involving cybercrime and online criminal activities. Justice practitioners have to react to these changes. New training offers should be quickly organised and made available” (emphasis added).Footnote1 |
In this essay both the facts/values and facticity/normativity divides are considered from the perspective of global semiotics and with specific regard to the relationships between legal meaning and spatial scope of law’s experience. Through an examination of the inner and genetic projective significance of categorization, I will analyze the semantic dynamics of the descriptive parts comprising legal sentences in order to show the intermingling of factual and axiological/teleological categorizations in the unfolding of legal experience. Subsequently, I will emphasize the translational and enactive cognitive disposition underlying the construction of the second premise of the so-called judiciary syllogism and thereby the untenability of the idea that ‘law makes its facts.’ Hence, I wi... |
In B2B context, this study focuses on analysing the loyalty formation process from a set of antecedent multidimensional variables—sustainable practices and logistics value—and the moderating effect of type of customer in maritime transport from the user’s perspective. Based on a sample of 105 importing companies and freight forwarders in Panama, a structural equation model was estimated to test the research hypotheses. The results show the significant influences of sustainable practices on value and value on loyalty. The significant mediating effect of value in the relationship between sustainable practices and loyalty is also verified. It indicates the benefits of the presence of perceived logistics value in B2B relationships since it reinforces the intensity of the links between s... |
In the Anthropocene, humans are drastically impacting the Earth system. Though the numbers are disputed, millions of climate refugees might soon appear worldwide due to, for example, rising sea levels. To better tackle these intertwined ecological and migrational crises, I expand on Seyla Benhabib’s theoretical legacy by discerning within it a multidimensional framework containing mutually intersecting moral, legal, and political dimensions. Within this framework, I argue, Benhabib approaches the issue of climate refugees from three different yet supplementary discourses. From her engagement with discourses on cosmopolitanism and global justice, she endorses reforming the Refugee Convention to include climate refugees. |
During the twentieth century, the development of semiotics and philosophy of language had a great influence on the investigation of normative phenomena, particularly within the philosophy of law: the analysis of normative language became the prevalent methodological approach among many legal philosophers, and the science of law was frequently understood as an analysis of the object language of law. This approach led to the development of a linguistic ontology of the normative and to a semiotic theory of the validity of norms, in which norms are conceived of as linguistic entities, and their validity is accordingly conceived of as a predicate of normative sentences. However, the resort to a semiotic approach for the investigation of normative phenomena does not necessarily imply the ... |
