Does a Modern European State Need a Law on Legal Acts? What Shall be the Law on Legal Acts in Ukraine?

Where does the state come from? Two canonical answers have been interstate wars and contracts between rulers and the ruled in the early modern period. New scholarship has pushed back the historical origins of the European state to the Middle Ages, and focused on domestic institutions such as parliaments, universities, the law, inheritance rules, and cities. It has left open questions of the causes of territorial fragmentation, the structural similarities in state administrations, and the policy preoccupations of the state. One answer is a powerful but neglected force in state formation: the medieval Church, which served as a rival for sovereignty, and a template for institutional innovations in court administrations, the law, and the formation of human capital. Church influence further helps to explain why territorial fragmentation in the Middle Ages persisted, why royal courts adopted similar administrative solutions, and why secular states remain concerned with morality and social discipline.

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A Particular Difference: European Identity and Civilian Targeting

British Journal of Political Science ◽

10.1017/s0007123414000210 ◽

2014 ◽

Vol 45 (4) ◽

pp. 829-851 ◽

Cited By ~ 7

Author(s):

Tanisha M. Fazal ◽

Brooke C. Greene

Keyword(s):

Statistical Analyses ◽

European Identity ◽

Law Of War ◽

European State ◽

Recent Scholarship ◽

The Law ◽

Compliance With The Law ◽

The One ◽

Previous Scholarship

Recent scholarship has found identity variables to be insignificant predictors of civilian targeting in war. Drawing on the European origins of the law of war, this article argues that previous scholarship has neglected the one specification of ‘identity’ that is most theoretically justified for understanding civilian targeting: whether a European state is fighting a non-European state. This article replicates and extends three recent statistical analyses – Downes; Valentino, Huth and Croco; and Morrow – of civilian targeting by including a variable capturing whether a European state fought a non-European state. The study finds that civilian targeting, and non compliance with the law of war more generally, is significantly more likely in European v. non-European dyads than in other types of dyads.

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Justice, War and Inequality. The Unjust Aggressor and the Enemy of the Human Race in Vattel's Theory of the Law of Nations

Grotiana ◽

10.1163/187607510x540213 ◽

2010 ◽

Vol 31 (1) ◽

pp. 44-68 ◽

Cited By ~ 2

Author(s):

Gabriella Silvestrini

Keyword(s):

Conceptual Framework ◽

Just War ◽

International Order ◽

State System ◽

Legal Positivism ◽

Modern State ◽

Human Race ◽

European State ◽

Law Of Nations ◽

The Law

AbstractThis article discusses the well-known verdict of Vattel's legal positivism in relation to concepts of modernity and the European State System (Schmitt, Remec) and aims at a re-interpretation of Vattel's understanding of the modern state, just war and the international order. It wants to show that even though States and individuals do not obey the same logic and reason, Vattel was neiter a Hobbesian thinker nor, as Kant claimed, a 'sorry comforter'. The main reason for this is that Vattel's doctrine of the war en forme does not imply a break with the tradition of just war. Instead, it should be read as a reformulation of the inegalitarian notion of the enemy as proposed by just war doctrines. Pointing out to the persistance of a jusnaturalistic framework, the article shows that Vattel's concept of justus hostis is built on the same conceptual framework as the concept of the enemy of the human race.

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Discipline processuali differenziate nei diritti amministrativi europei

10.36253/978-88-8453-586-3 ◽

2010 ◽

Keyword(s):

European Union ◽

The European Union ◽

Abuse Of Power ◽

European State ◽

Public Body ◽

Single Judge ◽

Judicial Action ◽

The Law ◽

Public Bodies

Discipline processuali differenziate nei diritti amministrativi europei. Anyone in Europe who considers that they have suffered an abuse of power on the part of a public body can apply to a judge for justice. But this role is not restricted to a single judge. Not only is there a plurality of judges corresponding to the plurality of States in which they exercise their functions, but also (in the majority of cases) within each State there is more than one type of judge appointed to impose respect of the law even on public bodies, just as the procedures and manner in which the judicial action may materialise are also different. The protection of the citizens is differentiated, and this can be explained by the varying requirements or the different motivations which cannot always justify the deriving complications. The book explores this phenomenon, considering some of the principal European State systems, as well as the system of the European Union itself.

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Ethical Challenges: Less About Moral Wrongdoing and More About Communication Breakdown

Perspectives on Gerontology ◽

10.1044/gero20.3.72 ◽

2015 ◽

Vol 20 (3) ◽

pp. 72-84 ◽

Cited By ~ 2

Author(s):

Paula Leslie ◽

Mary Casper

Keyword(s):

Ethical Challenges ◽

Speech Language Pathology ◽

Thickened Liquids ◽

Communication Breakdown ◽

Professional Duty ◽

Language Pathology ◽

The Law ◽

Personal Case

“My patient refuses thickened liquids, should I discharge them from my caseload?” A version of this question appears at least weekly on the American Speech-Language-Hearing Association's Community pages. People talk of respecting the patient's right to be non-compliant with speech-language pathology recommendations. We challenge use of the word “respect” and calling a patient “non-compliant” in the same sentence: does use of the latter term preclude the former? In this article we will share our reflections on why we are interested in these so called “ethical challenges” from a personal case level to what our professional duty requires of us. Our proposal is that the problems that we encounter are less to do with ethical or moral puzzles and usually due to inadequate communication. We will outline resources that clinicians may use to support their work from what seems to be a straightforward case to those that are mired in complexity. And we will tackle fears and facts regarding litigation and the law.

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