Ungleichheit – Effekte grundlegender Strukturen des Rechts am Beispiel der Corona-Pandemie

Author(s):  
Maie Mörsch

Inequality is one of the great challenges of the 21st century. Crises, such as the Corona Pandemic, have the effect of a burning glass on the distributional conditions of a society. This essay attempts to explore the relationship between capitalism and law in relation to the fundamental structures of inequality. The leading question will be to what extent inequality is not so much the result of economic laws, but is rather rooted in the basic and deep structures of the law. The guiding principle underlying the law is consolidated in different areas of law with their individual statutes, legislations and their jurisdictions. This entrenchment in the deep structure of law establishes, manifests and reproduces structures of inequality, which are exemplified by the measures of the Corona Pandemic.

2002 ◽  
Vol 6 (1) ◽  
pp. 85-100
Author(s):  
Raffaele Caterina

“A system of private ownership must provide for something more sophisticated than absolute ownership of the property by one person. A property owner needs to be able to do more than own it during his lifetime and pass it on to someone else on his death.”1 Those who own things with a long life quite naturally feel the urge to deal in segments of time. Most of the owner's ambitions in respect of time can be met by the law of contract. But contract does not offer a complete solution, since contracts create only personal rights. Certain of the owner's legitimate wishes can be achieved only if the law allows them to be given effect in rem—that is, as proprietary rights. Legal systems have responded differently to the need for proprietary rights limited in time. Roman law created usufruct and other iura in re aliena; English law created different legal estates. Every system has faced similar problems. One issue has been the extent to which the holder of a limited interest should be restricted in his or her use and enjoyment in order to protect the holders of other interests in the same thing. A common core of principles regulates the relationship between those who hold temporary interests and the reversioners. For instance, every system forbids holder of the possessory interest to damage the thing arbitrarily. But other rules are more controversial. This study focuses upon the rules which do not forbid, but compel, certain courses of action.


2015 ◽  
Vol 3 (5) ◽  
Author(s):  
Eva Jablonka ◽  
Ehud Lamm

<p class="p1"><span class="s1"><strong>Abstract </strong></span>| Lamarck has left many legacies for future generations of biologists<span class="s2"><strong>. </strong></span>His best known legacy was an explicit suggestion, developed in the <em>Philosophie zoologique </em>(PZ), that the effects of use and disuse (acquired characters) can be inherited and can drive species transformation.This suggestion was formulated as two laws, which we refer to as the law of biological plasticity and the law of phenotypic continuity<span class="s2"><strong>. </strong></span>We put these laws in their historical context and distinguish between Lamarck’s key insights and later neo-Lamarckian interpretations of his ideas<span class="s2"><strong>.</strong></span>We argue that Lamarck’s emphasis on the role played by the organization of living beings and his physiological model of reproduction are directly relevant to 21st-century concerns, and illustrate this by discussing intergenerational genomic continuity and cultural evolution.</p>


2019 ◽  
Vol 29 (1) ◽  
pp. 189-202

The article advances a hypothesis about the composition of Michel de Montaigne’s Essays. Specialists in the intellectual history of the Renaissance have long considered the relationship among Montaigne’s thematically heterogeneous thoughts, which unfold unpredictably and often seen to contradict each other. The waywardness of those reflections over the years was a way for Montaigne to construct a self-portrait. Spontaneity of thought is the essence of the person depicted and an experimental literary technique that was unprecedented in its time and has still not been surpassed. Montaigne often writes about freedom of reflection and regards it as an extremely important topic. There have been many attempts to interpret the haphazardness of the Essays as the guiding principle in their composition. According to one such interpretation, the spontaneous digressions and readiness to take up very different philosophical notions is a form of of varietas and distinguo, which Montaigne understood in the context of Renaissance philosophy. Another interpretation argues that the Essays employ the rhetorical techniques of Renaissance legal commentary. A third opinion regards the Essays as an example of sprezzatura, a calculated negligence that calls attention to the aesthetic character of Montaigne’s writing. The author of the article argues for a different interpretation that is based on the concept of idleness to which Montaigne assigned great significance. He had a keen appreciation of the role of otium in the culture of ancient Rome and regarded leisure as an inner spiritual quest for self-knowledge. According to Montaigne, idleness permits self-directedness, and it is an ideal form in which to practice the freedom of thought that brings about consistency in writing, living and reality, in all of which Montaigne finds one general property - complete inconstancy. Socratic self-knowledge, a skepticism derived from Pyrrho of Elis and Sextus Empiricus, and a rejection of the conventions of traditional rhetoric that was similar to Seneca’s critique of it were all brought to bear on the concept of idleness and made Montaigne’s intellectual and literary experimentation in the Essays possible.


Author(s):  
András Sajó ◽  
Renáta Uitz

This chapter examines the relationship between parliamentarism and the legislative branch. It explores the evolution of the legislative branch, leading to disillusionment with the rationalized law-making factory, a venture run by political parties beyond the reach of constitutional rules. The rise of democratically bred party rule is positioned between the forces favouring free debate versus effective decision-making in the legislature. The chapter analyses the institutional make-up and internal operations of the legislature, the role of the opposition in the legislative assembly, and explores the benefits of bicameralism for boosting the powers of the legislative branch. Finally, it looks at the law-making process and its outsourcing via delegating legislative powers to the executive.


Author(s):  
Carla Ferstman

This chapter considers the consequences of breaches of human rights and international humanitarian law for the responsible international organizations. It concentrates on the obligations owed to injured individuals. The obligation to make reparation arises automatically from a finding of responsibility and is an obligation of result. I analyse who has this obligation, to whom it is owed, and what it entails. I also consider the right of individuals to procedures by which they may vindicate their right to a remedy and the right of access to a court that may be implied from certain human rights treaties. In tandem, I consider the relationship between those obligations and individuals’ rights under international law. An overarching issue is how the law of responsibility intersects with the specialized regimes of human rights and international humanitarian law and particularly, their application to individuals.


1999 ◽  
Vol 18 (2) ◽  
pp. 131-139
Author(s):  
Maurizio Mistri

This paper focuses on the problem of the governance of industrial districts in Italy. The analysis begins with an assessment of the dynamic processes that characterize the development of industrial districts, particularly as concerns the elements of a cultural nature. The relationship between local political attitudes and forms of local growth is considered, generally revealing how in the various practical examples there is a convergence between models of political behavior and the needs of the system of small enterprises. The paper ends with a brief discussion of the law 317/91, designed to establish the responsibilities and roles of the industrial districts.


2020 ◽  
Vol 16 (4) ◽  
pp. 465-488
Author(s):  
Thomas M.J. Möllers

AbstractThe Europeanisation of domestic law calls for a classical methodology to ‘update’ the established traditions of the law. The relationship between European directives and national law is difficult, since directives do apply, but European legal texts need to be implemented into national law. Whilst directives are not binding on private individuals, there is no direct third-party effect, but only an ‘indirect effect’. This effect is influenced by the stipulations of the ECJ, but is ultimately determined in accordance with methodical principles of national law. The ECJ uses a broad term of interpretation of the law. In contrast, in German and Austrian legal methodology the wording of a provision defines the dividing line between interpretation and further development of the law. The article reveals how legal scholars and the case-law have gradually shown in recent decades a greater willingness to shift from a narrow, traditional boundary of permissible development of the law to a modern line of case-law regarding the boundary of directive-compliant, permissible development of the law.


2021 ◽  
pp. 1-29
Author(s):  
Jette Steen Knudsen ◽  
Jeremy Moon

We investigate the relationship of corporate social responsibility (CSR) (often assumed to reflect corporate voluntarism) and government (often assumed to reflect coercion). We distinguish two broad perspectives on the CSR and government relationship: the dichotomous (i.e., government and CSR are / should be independent of one another) and the related (i.e., government and CSR are / should be interconnected). Using typologies of CSR public policy and of CSR and the law, we present an integrated framework for corporate discretion for engagement with public policy for CSR. We make four related contributions. First, we explain the dichotomous and the related perspectives with reference to their various assumptions and analyses. Second, we demonstrate that public policy for CSR and corporate discretion coexist and interact. Specifically, we show, third, that public policy for CSR can inform and stimulate corporate discretion and, fourth, that corporations have discretion for CSR, particularly as to how corporations engage with such policy.


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