The ‘public’ character of the kind of rule of law theorizing with which Lon Fuller was engaged is signalled especially in his attention to the very notion of being a ’legal subject’ at all. This point is central to the aim of this paper to explore the animating commitments, of substance and method alike, of a particular direction of legal theorizing: one which commences its inquiry from an assessment of conditions of personhood within a public legal frame. Opening up this inquiry to resources beyond Fuller, the paper makes a novel move in its consideration of how the political theorist Hannah Arendt’s reflections on the ‘juridical person’ might aid a legal theoretical enterprise of this kind. |
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Tijdschrift | Netherlands Journal of Legal Philosophy, Aflevering 3 2014 |
Trefwoorden | Fuller, Arendt, legal subject, juridical person, public rule of law theory |
Auteurs | Kristen Rundle |
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Tijdschrift | Erasmus Law Review, Aflevering 3 2014 |
Trefwoorden | private international law, conflict of laws, foreign judgments, European Union, United States |
Auteurs | Christopher Whytock M.S., Ph.D., J.D. |
SamenvattingAuteursinformatie |
In both the European Union (EU) and the United States (US), the law governing the enforcement of foreign judgments is evolving, but in different directions. EU law, especially after the elimination of exequatur by the 2012 ’Recast’ of the Brussels I Regulation, increasingly facilitates enforcement in member states of judgments of other member states’ courts, reflecting growing faith in a multilateral private international law approach to foreign judgments. In US law, on the other hand, increasingly widespread adoption of state legislation based on the 2005 Uniform Foreign-Country Money Judgments Recognition Act (2005 Act), which adds new case-specific grounds for refusing enforcement, suggests growing scepticism. In this essay, I explore possible reasons for these diverging trends. I begin with the most obvious explanation: the Brussels framework governs the effect of internal EU member state judgments within the EU, whereas the 2005 Act governs the effect of external foreign country judgments within the US. One would expect more mutual trust – and thus more faith in foreign judgment enforcement – internally than externally. But I argue that this mutual trust explanation is only partially satisfactory. I therefore sketch out two other possible explanations. One is that the different trends in EU and US law are a result of an emphasis on ’governance values’ in EU law and an emphasis on ’rights values’ in US law. Another explanation – and perhaps the most fundamental one – is that these trends are ultimately traceable to politics. |
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Tijdschrift | Erasmus Law Review, Aflevering 3 2014 |
Trefwoorden | global governance, family relations, nationality, habitual residence, party autonomy |
Auteurs | Professor Yuko Nishitani Ph.D. |
SamenvattingAuteursinformatie |
As globalisation progresses, cross-border movements of people are becoming dynamic and multilateral. The existence of different groups and minorities within the community renders the society multiethnic and multicultural. As individuals acquire new affiliation and belonging, the conventional conflict of laws methods may no longer be viable and should be subject to a thorough re-examination. Against this background, this paper analyses appropriate conflicts rules in international family relations to reflect an individual’s identity. Furthermore, in light of the contemporary law fragmentation, this study also analyses interactions between state law and non-state cultural, religious or customary norms. |
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What role is there for the state in contemporary governance?Insights from the Dutch building sector |
Tijdschrift | Recht der Werkelijkheid, Aflevering 3 2014 |
Trefwoorden | governance, collaborative governance, governance performance, urban sustainability, fuzzy set qualitative comparative analysis (fsQCA) |
Auteurs | Jeroen van der Heijden |
SamenvattingAuteursinformatie |
An emerging body of empirical governance studies highlights that the role of the state in governance has been changing. It has moved away from governing societal problems solely through traditional direct regulatory interventions. State actors are now (also) taking up facilitative and enabling roles in innovative voluntary governance arrangements. This article seeks to gain a better understanding of these facilitating and enabling roles of state actors in real world practice and what (clusters of) roles are needed to obtain successful outcomes from these arrangements. It builds on an empirical study of ten different arrangements in the Dutch sustainable building sector, which are analysed using fuzzy set qualitative comparative analysis (fsQCA) methodology. It finds no evidence that any of the specific (clusters of) role(s) is necessary to achieve positive outcomes from the arrangements studied, but uncovers that when combined, such roles affect the outcomes of arrangements. It concludes by presenting an evidence-based typology of combinations of roles that state actors may wish to take up in seeking positive outcomes from innovative voluntary governance arrangements, or preventing negative outcomes. |
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Hunting Worlds Turned Upside DownPaulus Potter’s Life of a Hunter |
Tijdschrift | Tijdschrift over Cultuur & Criminaliteit, Aflevering 2 2014 |
Trefwoorden | Art, green criminology, non-speciesism, human-animal relationships |
Auteurs | prof. dr. Piers Beirne en dr. Janine Janssen |
SamenvattingAuteursinformatie |
Life of a Hunter (c.1647) is an extraordinary painting by the young Dutch artist Paulus Potter. Its fourteen panels tell the tale of a well-heeled gentleman who likes to hunt and to kill “game” and “exotic” animals. The hunting world is turned upside down when the animals capture the hunter and put him on trial. He is condemned to death, roasted alive and doubtless consumed by the very creatures who had earlier been his quarry. In this essay we try to interpret Potter’s painting. Is it an allegory of the chaotic politics of the mid-17th century Dutch Republic? Does it represent an early modern animal trial? Our tentative conclusion is that Life of a Hunter expresses a Montaignian-inspired moment of transition in cultural attitudes towards human-animal relationships: its restricted vision of animal cruelty is not against animal cruelty tout court and its inversion of two links in the great chain of being is very far from being altogether pro-animal. |
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From graffiti to pixaçãoUrban protest in Brazil |
Tijdschrift | Tijdschrift over Cultuur & Criminaliteit, Aflevering 2 2014 |
Trefwoorden | Brazilian graffiti, pichação, pixação, criminalization, resistance |
Auteurs | Paula Gil Larruscahim |
SamenvattingAuteursinformatie |
This paper explores the hypothesis that the process of rupture in Brazilian graffiti writer’s subculture resulting in different groups - pichadores, pixadores and grafiteiros - took place in two different, though complementary, stages. The first stage is the commodification of graffiti by successive media campaigns and its penal control by the state. The second stage - which may be considered as a side effect of the first one - consists of the emergence of a new transgressive pixação movement. Instead of merely writing or tagging their signatures and messages on the walls of the city, they claim the freedom of usage of the urban space and contest the importance that property has in the late modernity context. |