On the origin of linguistic norms: Orthography, ideology and the first constitutional challenge to the 1996 reform of German

2002 ◽  
Vol 31 (4) ◽  
pp. 549-576 ◽  
Author(s):  
SALLY JOHNSON
Keyword(s):  
Critical Analysis ◽  
Historical Background ◽  
Constitutional Court ◽  
Nation State ◽  
Speech Community ◽  
The Third ◽  
Ideological Debate ◽  
Federal Constitutional ◽  
The Many ◽  
The Way

This article explores one aspect of the many public protests surrounding the 1996 reform of German orthography: the first in a series of legal challenges, which was brought before the Federal Constitutional Court in May 1996. The first section begins by proposing how and why such protests can be usefully theorized in terms of Blommaert's (1999) concept of a “language ideological debate,” and then describes the historical background essential for an understanding of this legal dispute. The second section focuses on a critical analysis of the case brought against the reform, looking at the details of the challenge itself, together with the justification for its rejection by the Constitutional Court. The third section considers what this dispute can tell us about debates over the perceived origin of orthographic norms, with particular reference to the ideological relationship between individual, speech community, and (nation-)state. Finally, there is a brief summary of the way in which the matter was finally – albeit unsatisfactorily – resolved in 1998–1999.

scholarly journals More Disagreement Over Human Dignity: Federal Constitutional Court's Most Recent Benetton Advertising Decision

2003 ◽  
Vol 4 (6) ◽  
pp. 533-539
Author(s):  
Craig Smith
Keyword(s):  
Human Dignity ◽  
Third Reich ◽  
The State ◽  
Fundamental Rights ◽  
The Third ◽  
Federal Constitutional ◽  
Charter Of Fundamental Rights ◽  
The Third Reich ◽  
The Many

Article 1 is the Basic Law's crown. The concept of human dignity is this crown's jewel: an interest so precious that the state must affirmatively protect and foster its inviolability. This uniquely important status is evident from human dignity's prominence in the constitution, the early Federal Republic's pressing need to repudiate the Third Reich, the many judicial and scholarly exegeses of Article 1, and human dignity's unique claim to absolute protection. The success of the German legal construct of human dignity also is apparent from its influence on the European Union's Charter of Fundamental Rights. That document likewise begins with a provision nearly identical to the Basic Law's Article 1.

scholarly journals Maramara me te Iwi Taketake: Data and the Indigenous Group

Te Kaharoa ◽  
2021 ◽  
Vol 17 (1) ◽  
Author(s):  
Peter Cleave
Keyword(s):  
Machine Learning ◽  
Final Section ◽  
Recent Literature ◽  
Nation State ◽  
The Third ◽  
Indigenous Groups ◽  
Indigenous Group ◽  
The Way

This paper considers Indigenous groups and data. The paper begins with fifteen assorted questions which are addressed in various ways in the next two sections. The second section is a review of ‘Indigenous Data Sovereignty’ a collection by Kukutai and Taylor of 2016. This collection is seen as an excellent statement of the position of the Indigenous group regarding data and each chapter is reviewed in several paragraphs. Beginning with Kukutai and Taylor, the third and final section is a commentary on recent literature on data with reference to the Nation-state, Big Tech and Indigenous groups. This section considers a shifting situation involving machine learning and the hunting, gathering and farming of data. A reappraisal of the way data is used in the context of the Indigenous group, the Nation state and Big Tech is proposed. That reappraisal involves new considerations of identity in forms of ethnicity, nationalism and tribalism as well as the way Indigenous groups are defined by others and the ways in which they define themselves.

scholarly journals NEW DILEMMAS AND NEW DIRECTIONS IN SOUTH AFRICA AFTER APARTHEID

Afrika Focus ◽  
2019 ◽  
Vol 31 (2) ◽  
Author(s):  
Stefaan Anrys ◽  
David Chan ◽  
Albie Sachs
Keyword(s):  
South Africa ◽  
Death Penalty ◽  
Coming Out ◽  
New South ◽  
Constitutional Court ◽  
The Third ◽  
New Directions ◽  
Freedom Fighters ◽  
Apartheid Regime ◽  
The Many

On 3 October 2016, Sachs, who collects honorary doctorates and other titles as if they were panini stickers, visited Ghent University for the third Mandela Lecture organised by the Africa Platform of the Ghent University Association, and moderated by Prof. Eva Brems. This interview was conducted on that occasion. ‘Since the attempt on my life, I see everything as rose-tinted’, laughs the man who sur- vived an attack, abolished the death penalty and was close to the ANC leadership. ‘If I were to become pessimistic about South Africa, people would really get scared, they’d say: Oh, even Albie doesn’t like it anymore ’(laughs). In 1988 Albie Sachs was viciously attacked, losing his right arm and the sight of one eye. He was living in exile in Mozambique at the time, as South Africa suffered under the Apartheid regime. Sachs was one of the prominent freedom fighters, but survived the assassination attempt and eventually became an important member of the ANC, one of the many authors of the Constitution of the new South Africa. He was also invited by Mandela to sit on the Constitutional Court, which abolished the death penalty and forced Parliament to legalise LGBT marriage. In Ghent, the now 81-year-old freedom fighter nuances the pessimistic news coming out of South Africa. ‘A lot is going wrong in South Africa. But what gives me hope is that people can speak their minds. Our democracy works. Our institutions work, and not just the courts and tribunals. Recently we had elections, and they were free and fair. And yes, the ANC lost the elections. But that is in fact the best evidence that our democracy works.’

What J.T. Fraser Gave the World

KronoScope ◽  
2014 ◽  
Vol 14 (1) ◽  
pp. 25-34
Author(s):  
Frederick Turner
Keyword(s):  
Related Problem ◽  
The Third ◽  
The Arts ◽  
Experience Of Time ◽  
The World ◽  
Nature Of Time ◽  
The Many ◽  
The One ◽  
Fourth Theme ◽  
The Way

Abstract This summary of the fundamental insights of J.T. Fraser dwells on four main themes. The first is the way that Fraser disposes of the ancient struggle between monism and dualism, with its related problem of ontology versus epistemology. His tree-like vision of the evolution of the many out of the one is both ordered and open-ended. The second is his critique of philosophy’s (and science’s) tendency to reify simple, defined, pure, and exclusive abstractions. Subjectivity, intentionality, consciousness, freedom, mind, cause, and the experience of time are shown by him to be composite, present in different degrees and kinds in different organisms and different times, constructed and complex. The third theme is Fraser’s decisive refutation of the metaphor of time as a line, as in clocks, calendars, and the t-axis in science. We must explore other geometries. The fourth theme is Fraser’s rehabilitations of the arts, including literature, as potentially legitimate ways of understanding the world and exploring the nature of time.

scholarly journals Vedoucí zaměstnanec a výklad zákonných ustanovení contra Verba Legis

AUC IURIDICA ◽  
2021 ◽  
Vol 67 (3) ◽  
pp. 49-55
Author(s):  
Vojtěch Hanzal ◽  
Jakub Tomšej
Keyword(s):  
Decision Making ◽  
Czech Republic ◽  
Case Law ◽  
Judicial System ◽  
Recent Case ◽  
Constitutional Court ◽  
The Third ◽  
Fourth Part ◽  
Legal Term ◽  
The Way

The article deals with the way legislation defines the term “senior employee” and how the interpretation is influenced by recent case law of the Constitutional Court. The first part of the article focuses on an analysis of the legal term “senior employee” in accordance with the present legislation as well as relevant judicature and doctrine. The second part of the article is based on a description of the way the Constitutional Court deviated from the interpretation of mentioned term and its aspects which were until then, considered defining. The article continues in the third section with the presentation of other examples of decision making contra verba legis throughout the judicial system of Czech Republic. The aforementioned sections are followed by the fourth part, which consists of a conclusion of the previous content and brings deliberations de lege ferenda.

scholarly journals On the Third Power: Taking Independence of the Judiciary Seriously

2020 ◽  
pp. 13-27
Author(s):  
Alexander Bröstl
Keyword(s):  
Legal Order ◽  
Point Of View ◽  
Historical Background ◽  
Francis Bacon ◽  
Constitutional Court ◽  
Judicial Reform ◽  
National Council ◽  
Constitutional Amendments ◽  
The Third ◽  
Independent Judiciary

The article deals with the problem of the independence of the judiciary from a historical point of view (subordination of the judicature to the royal will in the 17th century in England, examples of the two rival-judges, Francis Bacon and Edward Coke). Then it focuses on the historical background and guarantees of an independent judiciary in former Czechoslovakia, and in contemporary Slovakia. It concerns the judicial reform ready to be introduced in the Slovak legal order by 2021 with the aim to renew the credibility of the judiciary (courts and prosecution offices). Proposed legal measures are presented (security examinations, new property declarations, crime of perversion of justice committed by judges). New constitutional amendments have to do with the election of the candidates for judges of the Constitutional Court in the National Council, and the establishment of a Supreme Administrative Court.

Consensual Adult Incest

2014 ◽  
Vol 17 (1) ◽  
pp. 76-102 ◽  
Author(s):  
Tatjana Hörnle
Keyword(s):  
Criminal Law ◽  
Critical Analysis ◽  
Constitutional Court ◽  
Sexual Encounter ◽  
Individual Liberty ◽  
European Court ◽  
Valid Consent ◽  
Federal Constitutional ◽  
German Federal Constitutional Court ◽  
German Federal Constitutional

Criminal prohibitions against incestuous acts, including sexual acts between adults, can be found in many, albeit not all, legal systems. But are such restrictions of individual liberty justifiable from the perspective of criminal law theory? The article starts with describing a prominent case (the Stuebing case) that gave rise to arguments put forward by the German Federal Constitutional Court and the European Court of Human Rights in defense of criminal norms that prohibit adult siblings from having sexual intercourse. However, these rulings are not convincing in the light of a consent-based approach to the criminalization of sexual conduct; such a consent-based model is advocated in the article. One can conceive of circumstances that shed doubt on the validity of consent even when both participants in an incestuous relationship are adults (if one person is the child of the other, or if sexual abuse is carried on that started during the childhood of one person). However, aside from such constellations, if both partners in a sexual encounter have given valid consent, a critical analysis must lead to the conclusion that criminal prohibitions are not bolstered by convincing reasons. Neither eugenic considerations, nor arguments pointing to the protection of families, nor the idea that morality or taboos ought to be protected survive critical analysis. Therefore, legislatures should consider redrafting too far-reaching incest prohibitions.

scholarly journals Karlsruhe’s Lochner Moment? A Rational Choice Perspective on the German Federal Constitutional Court’s Relationship to the CJEU After the PSPP Decision

2020 ◽  
Vol 21 (5) ◽  
pp. 995-1005
Author(s):  
Niels Petersen
Keyword(s):  
Rational Choice ◽  
Constitutional Court ◽  
The European Union ◽  
International Courts ◽  
The Third ◽  
The Future ◽  
Federal Constitutional ◽  
The Relationship ◽  
German Federal Constitutional Court ◽  
German Federal Constitutional

AbstractOn May 5, 2020, the German Federal Constitutional Court issued the PSPP decision, sending shock waves through the European Union. This contribution analyzes the consequences of the PSPP decision for the future relationship between the German FCC and the CJEU and for European integration as a whole. The article consists of four parts. First, I will provide some context and model the interaction between domestic and international courts from a rational choice perspective. Second, I will recapitulate some core aspects of the relationship between the German Federal Constitutional Court and the CJEU in particular. I argue that the relationship between both courts had evolved into a strategic equilibrium in which it was costly not to respect the decision of the other party. The third section then looks for reasons why Karlsruhe nevertheless deviated from this equilibrium despite the significant costs involved. The fourth section, finally, considers the way ahead and analyzes what possible consequences for the future relationship between the Federal Constitutional Court and the CJEU.

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