Pathways to Legal Rights

2020 ◽  
pp. 168-190
Author(s):  
Larissa Katz
Keyword(s):  
Special Kind ◽  
The State ◽  
Legal Order ◽  
Legal Rights ◽  
Role Of The State ◽  
Private Rights ◽  
The Way

In this chapter, I develop a new account of what is distinctively ‘equitable’ about equitable rights. On this account, equity as an institution regulates the pathways to legal rights. A person who is on a completeable but as yet incomplete path to acquire legal rights is vulnerable to interruption triggering the forfeiture of her position. Courts of equity fulfill the role of the state to preserve the integrity of the legal order by regulating the pathways to rights. This account explains and unifies equity’s traditional domain—the cluster of doctrines and principles that originated in the courts of equity. It also provides the lens through which to understand equity’s concern with a special kind of injustice where a person suffers an interruption along the way to private rights.

Closing the Circle

2017 ◽  
Author(s):  
Meenaxi Barkataki-Ruscheweyh
Keyword(s):  
Ethnic Minority ◽  
Minority Group ◽  
The State ◽  
Ethnic Minority Group ◽  
Role Of The State

In the concluding chapter, I discuss the various strategies that the Tangsa use in Assam to survive as a small ethnic minority group and how performing identity and ethnicity at festivals can be considered to be yet one more such strategy. This leads to a discussion of Tangsa identity, ethnicity, and culture as well as the role of the state and the Assamese ‘other’ in defining what it means to be Tangsa. In a ‘Taking Stock’ section, I list all my shortcomings, and also all that that still needs to be done before some amount of clarity can be achieved in understanding the complex Tangsa picture. The concluding section summarizes my findings to make clear the underlying and undeniable connection between performing ethnicity and negotiating marginalization.

Civil Recourse Theory

2020 ◽  
pp. 52-68
Author(s):  
Benjamin C. Zipursky
Keyword(s):  
Basic Structure ◽  
Tort Law ◽  
Structural Theory ◽  
Legal Rights ◽  
Duty Of Care ◽  
Political Morality ◽  
Role Of The State ◽  
Private Rights ◽  
Negligence Law

This chapter examines civil recourse theory. The phrase “civil recourse theory” has developed two connotations, suggesting: (1) a structural theory of the normative underpinnings of private law liability placing primary emphasis on a plaintiff’s right of redress and the role of the state in affording plaintiffs the power to exact damages from those who have violated the plaintiff’s legal rights; and (2) a distinctive, overarching tort theory that emphasizes a plaintiff’s right of redress while simultaneously emphasizing relational duty in negligence law and torts as legal wrongs. The chapter identifies several other views developed in connection with civil recourse theory but meant to stand apart from it. The thesis that negligence law’s duty of care is relational is among them; so too is the thesis that tort law consists of specifications of legal wrongs, that these wrongs are defined in relatively strict manner, and that plaintiffs must have an injury to prevail on a tort claim. Deploying the narrower conception of civil recourse theory, the chapter defends the principle of civil recourse as a matter of political morality and depicts the place of private rights of action in the basic structure of a just liberal democracy.

Herausforderung der Rechtsordnung durch die Pandemie

2021 ◽  
Keyword(s):  
The State ◽  
Legal Order ◽  
Law System ◽  
Role Of The State

The pandemia might change our legal order. A legal suvey on recent changes has to show to which extent our law system was able to function during the crisis or what has to be changed for future calamities. The book collects different articles by specialists, starts with overviews on the legislation since the beginning, analyses the changed role of the state and checks the alteration in the different fields of law. More flexibility and an increase of digitalization already have become a permanent part of our law. With contributions by Malte Becker, Stefan Greiner, Ulrich Kelber, Jens Koch, Günter Krings, Alexander Kustermann, David von Mayenburg, Foroud Shirvani, Eberhard Schilken, Mathias Schmoeckel, Peter Stelmaszczyk, Gregor Thüsing and Thorsten Verrel.

scholarly journals The Real World of the Decentralized Autonomous Society

2016 ◽  
Vol 14 (1) ◽  
Author(s):  
J.Z. Garrod
Keyword(s):  
Real World ◽  
The State ◽  
Next Generation ◽  
Widespread Application ◽  
The Real ◽  
Early Stages ◽  
Role Of The State ◽  
Open Markets ◽  
The Way

Although it is still in early stages, many commentators have been quick to note the revolutionary potential of next-generation or Bitcoin 2.0 technology. While some have expressed fear that the widespread application of these technologies may engender the rise of a Terminator-style Skynet, others believe that it represents the coming of a decentralized autonomous society (DAS) in which humans are freed from centralized forms of power through the proliferation of distributed autonomous organizations or DAOs. Influenced by neoliberal theory that stresses privatization, open markets, and deregulation, Bitcoin 2.0 technologies are implicitly working on the assumption that 'freedom' means freedom from the state. This neglects, however, that within capitalist societies, the state can also provide freedom from the vagaries of the market by protecting certain things from commodification. Through an analysis of (1) class and the role of the state; (2) the concentration and centralization of capital; and (3) the role of automation, I argue that the vision of freedom that underpins Bitcoin 2.0 tech is one that neglects the power that capital holds over us in both organizing the structure of our lives, and informing our idea of what it means to be human. In neglecting these other forms of power, I claim that the DAS might be a far more dystopian development than its supporters comprehend, making possible societies that are commodities all the way down.

scholarly journals Sphere Sovereignty according to Kuyper

2020 ◽  
Vol 6 (2) ◽  
pp. 97
Author(s):  
ANTONIUS STEVEN UN
Keyword(s):  
Social Structure ◽  
The State ◽  
Structural Pluralism ◽  
Role Of The State ◽  
Main Basis ◽  
The Way

This article systematically describes the principle of sphere sovereignty according to Abraham Kuyper. Four themes are critically examined: the sovereignty of Christ as the main basis of Kuyper’s principle and its relation to creation, fall, and redemption; structural pluralism as the way of understanding social structure; the notion of religious and confessional pluralism; finally, the role of the state as the sphere of spheres. A positive critique of Kuyper’s principle is given in conclusion. KEYWORDS: Sphere sovereignty, sphere of spheres, structural pluralism, confessional pluralism, creation, fall, redemption, faith, public justice

Economic and Legal Support for Commercialization of Intellectual Property in Russia

2003 ◽  
pp. 66-76
Author(s):  
I. Dezhina ◽  
I. Leonov
Keyword(s):  
Intellectual Property ◽  
The State ◽  
Commercial Application ◽  
The West ◽  
Role Of The State ◽  
Legal Context

The article is devoted to the analysis of the changes in economic and legal context for commercial application of intellectual property created under federal budgetary financing. Special attention is given to the role of the state and to comparison of key elements of mechanisms for commercial application of intellectual property that are currently under implementation in Russia and in the West. A number of practical suggestions are presented aimed at improving government stimuli to commercialization of intellectual property created at budgetary expense.

General Particulars Regarding the Conflict of Interest

2020 ◽  
Vol 26 (2) ◽  
pp. 145-149
Author(s):  
Aurelia Teodora Drăghici
Keyword(s):  
Local Government ◽  
Conflict Of Interest ◽  
Conflicts Of Interest ◽  
National Level ◽  
The State ◽  
Role Of The State ◽  
Legal Implications ◽  
Determining Factors ◽  
Changing Role

SummaryTheme conflicts of interest is one of the major reasons for concern local government, regional and central administrative and criminal legal implications aiming to uphold the integrity and decisions objectively. Also, most obviously, conflicts of interest occur at the national level where political stakes are usually highest, one of the determining factors of this segment being the changing role of the state itself, which creates opportunities for individual gain through its transformations.

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