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  1. Transitional Shortcuts to Justice and National Identity.Derk Venema - 2011 - Ratio Juris 24 (1):88-108.
    National legal systems undergo profound changes when they are confronted with undemocratic power seizure. The same occurs when they experience a transition (back) to democracy. Thus far, these two types of transition have been studied in relative isolation. Nevertheless, it seems that both undemocratic usurpers and democratizing regimes affect the role of fundamental rule-of-law principles in similar ways. This article compares both types of transition and suggests that pragmatism and national identity are the driving forces behind similar legal mechanisms, affecting (...)
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  • Positive Law and Systemic Legitimacy: A Comment on Hart and Habermas.Eric W. Orts - 1993 - Ratio Juris 6 (3):245-278.
    The author revisits H. L. A. Hart's theory of positive law and argues for a major qualification to the thesis of the separation of law and morality based on a concept of systemic legitimacy derived from the social theory of Jurgen Habermas. He argues that standards for assessing the degree of systemic legitimacy in modern legal systems can develop through reflective exercise of “critical legality,” a concept coined to parallel Hart's “critical morality,” and an expanded understanding of the “external” and (...)
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  • Transitional Regimes and the Rule of Law.Martin P. Golding - 1996 - Ratio Juris 9 (4):387-395.
    This paper seeks to establish a connection between the existence of a legal system and the ideal of the rule of law. Its point of departure is the phenomenon of a transitional regime that is attempting to restore or institute the rule of law. Lon Fuller's formulation of the canons of the rule of law as an internal morality of law is expounded as well as his notion of legal pathology as symptomatic of departure from the canons' requirements. The existence (...)
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  • The Hitler swarm.Dirk Baecker - 2013 - Thesis Eleven 117 (1):68-88.
    Explaining the seizure of power by the National Socialist Party and the totalitarian workings of the Nazi regime in the Third Reich is still difficult not only with respect to the atrocities committed but also to understanding whether the German population and society had to be terrorized into complying with the regime or were part and parcel of it. The paper introduces a notion of swarm to advance the idea that the German population was terrorized into a deliberate compliance with (...)
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  • The Totalitarian Paradigm: Unity and Conflict.Ecaterina Artiomov - 2015 - Postmodern Openings 6 (1):95-108.
    The concept of totalitarianism is, undoubtedly, one of the most disputed terms in political language. This article investigates the conflict between the classical interpretations of totalitarian system that was frequently seen from the monolithic and revisionist perspective which offered some pluralistic models of Soviet and Nazi systems. The main purpose of the article is to show that, in this frame of the debates, the monolithic understanding of totalitarianism was inaccurate, therefore damaging the concept itself.
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  • A ‘Most Astonishing’ Circumstance: The Survival of Jewish POWs in German War Captivity During the Second World War.Johanna Jacques - 2021 - Social and Legal Studies 30 (3):362-383.
    During the Second World War, more than 60,000 Jewish members of the American, British and French armed forces became prisoners of war in Germany. Against all expectations, these prisoners were treated in accordance with the 1929 Geneva Convention, and the majority made it home alive. This article seeks to explain this most astonishing circumstance. It begins by collating the references to the experiences of Western Jewish POWs from the historical literature to provide a hitherto-unseen overview of their treatment in captivity. (...)
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  • Suverenita, stát a demokracie v českém politickém diskursu.Petra Gümplová - 2007 - Teorie Vědy / Theory of Science 29 (3-4):169-207.
    The text analyzes the discourse on sovereignty in the Czech politics in the light of current processes of the transformation of sovereignty caused by the globalization and Europeanization. The author discusses the dispute between liberal-conservative critics of the European integration and cosmopolitan critics of the sovereign statehood and points to the limits of both positions. It is argued that the conservatives who warn against the loss of sovereignty in the ongoing process of Europeanization and who call for the protection of (...)
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