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Is there any place for legal theory today? The distinctiveness of law in the age of pluralism Universiteit Antwerpen
Does legal institutionalism rule out legal pluralism? Schmitts institutional theory and the problem of the concrete order Universiteit Antwerpen
The present paper explores the background of the institutional perspective of law that Carl Schmitt develops in On The Three Types of Juristic Thought (1934), and draws a comparison between this view and the institutional theory of Santi Romano (explicitly recalled by Schmitt). In doing so, I will shed some light on the complex relation between law and pluralism. While Schmitt portrays the law as a political means for preserving identity and ...
Nature, Desire and the Law. On Libertinism and Early Modern Legal Theory Vrije Universiteit Brussel
In early Modern legal theory - Hobbes, Locke et aliis - the notion of the 'state of nature' serves as a backdrop to develop the concept of a secularized theory of political sovereignty. Philosophers explored both the idea of a social contract and the idea of a 'minimal content' of state authority. These theories served as a mental impetus for the deep political changes which took place in European monarchies in the second half of the 17th ...
Antigone and the Law: Legal Theory and the Ambiguities of Performance Vrije Universiteit Brussel
This paper focuses on intertwinements between law and drama in Sophocles' tragedy of Antigone. The crucial question in the 'agon' between the rebellious Antigone and her uncle, the ruler Creon, is the nature of law, more specifically of the so-called 'unwritten laws' (from the gods). The core of this conflict is almost impossible to represent in a theatrical setting on the contemporary stage, since the notion of justice is radically changed, ...
Police procedural justice and adolescents’ internalization of the law : integrating self‐determination theory into legal socialization research Universiteit Gent
The EU as a Global Actor. Bridging Legal Theory and Practice. Liber Amicorum in honour of Ricardo Gosalbo Bono KU Leuven
This collection covers the key areas of EU external relations law and broader institutional dimensions and principles of Union law. It does so under five headings - institutional dimensions; principles of Union law and legal theory; international law aspects; specific EU external policies (the Common Foreign and Security Policy; the Common Commercial Policy; and Justice and Home Affairs); and EU international agreements. Well-established academics ...
Nothing is as it seems. The exercise of access rights in Italy and Belgium: dispelling fallacies in the legal reasoning from the ‘law in theory’ to the ‘law in practice’ Vrije Universiteit Brussel
The right of access to personal data is one of the most important rights of the data subject within the data protection architecture. Although it is spelled out in black and white in Directive 95/46/EC and the data protection acts of Member States, it is seldom exercised.
This article investigates how access rights are exercised in Italy and Belgium from the perspective of the law in theory and of the law in practice, on the basis of ...
This article investigates how access rights are exercised in Italy and Belgium from the perspective of the law in theory and of the law in practice, on the basis of ...
Russian Accession to the World Trade Organisation: The Slow Road to Trade & Reform Opportunities, 2013(2) Russian Law: Theory and Practice 71-83 (2013) (the Journal of the Russian Academy of Legal Sciences) Vrije Universiteit Brussel
The article explores the accession process of the Russian Federation from a legal point of view.