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  1. A Perspective of Objectivity in International Human Rights Treaties.Jingjing Wu - 2020 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 35 (2):369-390.
    In this paper I argue that there is objectivity in international human rights law, against which the justifiability of arguments can be determined, and which could advance the universality versus relativity of human rights debate. Revisiting the three schools of treaty interpretation and applying the three elements of Radbruch’s rule of law, I discuss how the interpreter’s job of balancing those schools has limited room for manoeuvre. I further propose an approach to help jurists detect unjustifiable arguments in treaty interpretation, (...)
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  • How to Be a Transnational Jurist: Reflections on Cotterrell’s Sociological Jurisprudence.Sanne Taekema - 2019 - Ratio Juris 32 (4):509-520.
  • Why International Criminal Law Can and Should be Conceived With Supra-Positive Law: The Non-Positivistic Nature of International Criminal Legality.Nuria Pastor Muñoz - 2023 - Criminal Law and Philosophy 17 (2):381-406.
    International criminal law (ICL) is an achievement, but at the same time a challenge to the traditional conception of the principle of legality (_lex praevia_, _scripta_, and _stricta_ – Sect. 1). International criminal tribunals have often based conviction for international crimes on unwritten norms the existence and scope of which they have failed to substantiate. In so doing, they have evaded the objection that they were applying _ex post facto_ criminal laws. This approach, the relaxation of the concept of law (...)
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  • Gustav Radbruch vs. Hans Kelsen: A Debate on Nazi Law.Frank Haldemann - 2005 - Ratio Juris 18 (2):162-178.
    . Can the label “law” apply to rules as amoral as the enactments of the Nazis? This question confronted the courts in Germany after 1945. In dealing with it, the judges had to take sides in the philosophical debate over the concept of law. In this context, the prominent voices of the legal philosophers Gustav Radbruch and Hans Kelsen could not go unheard. This paper draws on what could have been the “Radbruch‐Kelsen debate on Nazi Law.” In examining the debate, (...)
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  • The Role of the Jurist: Reflections around Radbruch.Roger Cotterrell - 2013 - Ratio Juris 26 (4):510-522.
    Many different kinds of professionals work with law, but often they seek to use law for particular governmental or private purposes, they focus on some specific areas or aspects of its creation, interpretation or application, or they study it for its interest judged by criteria that are given by fields of scholarly practice outside it. Is there a special significance for a role exclusively concerned with analysing, protecting and enhancing the general well-being or worth of law as a practical idea? (...)
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