Volume II of Vernon Press’s series on the Philosophy of Forgiveness offers several challenging and provocative chapters that seek to push the conversation in new directions and dimensions. Volume I, Explorations of Forgiveness: Personal, Relational, and Religious, began the task of creating a consistent multi-dimensional account of forgiveness, and Volume II’s New Dimensions of Forgiveness continues this goal by presenting a set of chapters that delve into several deep conceptual and metaphysical features of forgiveness. New Dimensions of Forgiveness creates a (...) theoretical framework for understanding the many nuanced features of forgiveness, namely, third-party forgiveness, forgiveness as an aesthetic process, the role of resentment in warranting forgiveness, the moral status of self-forgiveness, epistemic trust, forgiveness’s influence on the moral status of persons, forgiveness in time, the status of Substance and Subject within a Hegelian framework, Jacques Derrida’s “impossible” forgiveness, and the use of imaginative “magic” to become a maximal forgiver. Readers will be challenged to question and come to terms with many oft-overlooked, yet important philosophical dimensions of forgiveness. (shrink)

This article relates to the CJEU’s understanding of the concept of the spouse in Case C-673/16 and its effect on the process of law application by Polish administrative courts. The authors considerations are based on the assumption that the CJEU’s interpretation of EU law in Coman and Others is of a dynamic-deliberative nature, based on functional rules, and that at the same it time takes into account a specific legal and socio-cultural context in which one of the fundamental freedoms guaranteed (...) by EU law is implemented. This judgment, as authors underline, confirms that a proper understanding of the current legal context of the concept of a spouse requires that the social and cultural context and the plurality of values arising from different lifestyles be taken into account in the application and interpretation of the law, all with a view to empowering the individual in his or her relationship with the State and raising the level of protection of human rights. Authors observe in the practice od Polish administrative courts that this CJEU’s judgment is important in the argumentative layer, but not decisive for the resolution of the case in specific situations where there is a need to address the effect of same-sex marriage in a case related to the implementation of the EU right to free movement. In this context authors consider whether the justification for rulings of administrative courts may be sought in John Gray’s concept of modus vivendi liberalism. (shrink)

Many political and legal philosophers compare the EU to a federal union and believe its basic laws should be subject to the standards of constitutional law, and thus find it lacking or incomplete. This book proposes a rival theory: that the substance of EU law is not constitutional, but international, and provides a close examination of the treaties and the precedents of the European courts to explore this concept further. -/- Just like international law, EU law applies primarily to (...) the relations between member states, who have democratically chosen to adapt their constitutional arrangements in order to share legislative and executive powers with their partners. The legal architecture of the European Union is thus best understood under a theory of dualism and not pluralism. -/- According to this 'internationalist' view, EU law is part of the law of nations and its distinction from domestic law is a matter of substance, not form. This arrangement is supported by a cosmopolitan theory of international justice, which we may call progressive internationalism. The EU is a union of democratic peoples, freely organizing their interdependence on the basis of principles of equality and reciprocity. Its central principles are not the principles of a constitution, but cosmopolitan principles of accountability, liberty, and fairness. -/- Presenting an 'internationalist' reading, this book proposes that the EU is a creation of the law of nations, and argues for a dualist account of its legal architecture, with EU law and domestic law allocated different institutional roles. (shrink)

Court interpreting in Croatia is a very unregulated field especially regarding the training and the skills that are to be acquired in order to pro- vide accurate translation at courts. One of the prerequisites according to the Regulations on Court Interpreters in Croatia is knowledge of the structure of judicial power, state government and legal terminology. Although the Regulations prescribe that the training should last no longer than two months, the organisations providing such training shorten this to three (...) or four days. Taking into account all that has been said one realizes that in such short time a per- son cannot be properly qualified to practice as a court interpreter. According to the EU Directive on the right to interpretation and translation in criminal proceedings member states should provide adequate training in order to ensure the quality of interpretation and to avoid that suspected or accused persons complain that the quality of interpretation was not good enough to secure the fairness of the proceeding, which according to Article 2 of the Directive they have the right to. Since Croatia joined the European Union on 1 July 2013, it will have to change its Regulations on Court Interpreters in order to com- ply with this Directive. This paper will try to analyze the problems within the scope of court interpreter’s profession in Croatia both in civil and in criminal proceedings. Several examples will be suggested as the possible model for modifying court interpreting in Croatia. Since this profession is often underrated by the national courts, the paper will suggest ways to prevent such views and point out the importance of good court interpretation. (shrink)

The article discusses the possible consequences that can be faced by a Member State of the European Union if its national court does not comply with the obligation to make a reference for a preliminary ruling to the Court of Justice. The TFEU does not specify any sanctions applicable to a state when its national court disregards its obligation under Article 267 TFEU. Therefore, the analysis focuses on the practice of the Court of Justice and (...) its interpretation by scholars. At the outset, the author analyses whether refraining from making a reference for a preliminary ruling can lead to the duty to pay damages to an individual. Taking into account the criteria of a sufficiently serious breach formulated in the Köbler case, the author comes to the conclusion that the infringement of the obligation to make a reference for a preliminary ruling is one of the most important criteria in assessing whether a Member State has to pay damages for any loss suffered by an individual, but the infringement itself is not sufficient to make a state liable. (shrink)

The establishment of the African Court on Human and Peoples’ Rights was a pivotal moment for the African human rights system. To date, 30 of the African Union’s 55 member states have accepted the Court’s jurisdiction by ratifying the Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights. This article uses statistical analysis of state action on the Protocol to shed light upon the (...) factors that have led some states to accept the Court’s jurisdiction and other states to thus far decline to do so. The results provide strong support for accounts of the origins of international human rights regimes that emphasize transitional states’ desire to “lock in” new commitments to democracy and human rights. Potential compliance costs, regimes’ ideological orientations, domestic legal traditions, and regional dynamics have also exerted significant effects upon the likelihood of ratification. (shrink)

A Teoria do Constitucionalismo Popular representa construção dogmática de relevante importância para o estabelecimento de um novo diálogo institucional e abrandamento da atual supremacia do controle de constitucionalidade promovido pelo Poder Judiciário. A aproximação da Constituição ao povo, com a consequente atribuição da autoridade interpretativa à população, pode ser viabilizada pelo Tribunal de Contas da União, instituição ainda legitimada a realizar o controle de constitucionalidade e capaz de romper com a supremacia do "judicial review".

The Court of Justice of the European Union (CJEU) has some basic structural features similar to that of most judicial bodies. According to the treaties, the members of the Court are chosen from individuals whose independence is beyond doubt and who possess the ability required for appointment to higher judicial offices. The involvement of the Court and its president in the most important reforms of the European Union's judicial architecture in recent years is a striking (...) feature which may be called judicial self‐government. International courts have shifted away from being principally committed to dispute settlement towards pursuing other goals, such as advancing international norms and facilitating cooperative international arrangements. The reinforcement of the cooperation of the Court with national courts on the one hand, and with international courts and tribunals on the other, is one of the great current challenges facing the Court. (shrink)

The paper analyses and evaluates the linguistic policy of the Court of Justice of the European Union against the background of other multilingual courts and in the light of theories of legal interpretation. Multilingualism has a direct impact upon legal interpretation at the Court, displacing traditional approaches with a hermeneutic paradigm. It also creates challenges to the acceptance of the Court’s case-law in the Member States, which seem to have been adequately tackled by the Court’s (...) idiosyncratic translation policy. (shrink)

This article documents the response of cooperative institutions that were required to adhere to new capital adequacy regulations traditionally geared for profit-maximising organisations. Using data from the Australian credit union industry, we demonstrate that the cooperative philosophy and internal corporate governance structure of cooperatives will lead management to increase capital adequacy ratios through the application of accounting window dressing techniques. This is opposite to the intended purpose of template regulation aimed at efficiently increasing operating margins and lowering risk. Our (...) results raise several debatable issues regarding the ethics of accounting management and the imposition of one-shoe-fits-all external regulation. (shrink)

The article deals with the concept of the court’s fault in the action for damages against a state suffered due to infringement of European Union law. The author searches for the right position of the criterion in the system of the conditions of state liability and discusses whether European Union law establishes a uniform standard of fault, or at least the guidance on the application of the criterion that would enable uniform national judicial practices concerning state liability (...) for the infringements attributable to the courts of last instance. The article also analyses national legal regulation and jurisprudence of several Member States such as France, Belgium and Italy, providing the definitions of different forms of fault and (or) examples of their practical implementation. (shrink)

The article aims at resolving the issue whether the Court of Justice of the European Union (CJEU) has an exclusive jurisdiction under Article 344 of the Treaty on Functioning of the European Union (TFEU) to resolve disputes between Member States, stemming from provisions of an international treaty, a party to which is the EU. This problem is especially relevant in cases when a mixed international agreement envisages independent institutions of dispute resolution. The position of the CJEU is (...) expressed in the case of Mox Plant. The European Commission applied to the CJEU against Ireland, because it considered that Ireland, which started an arbitration procedure against United Kingdom under the UN Convention on the Law of the Sea, has infringed the exclusive jurisdiction of the CJEU under Article 344 of the TFEU. The EU is also a Contracting Party to the UN Convention on the Law of the Sea. Therefore according to the consistence case practice of the Court, the provisions of the Convention that fall under the competence of the Union constitute an indivisible part of the EU legal system. Only in such case when a provision of a treaty is attributed to exclusive competence of the Member States, the jurisdiction of the CJEU regarding that provision can be negated. Thus, when deciding on the issue of exclusive jurisdiction of the CJEU in principle, a problem of attribution of the EU and Member States’ competences arises. (shrink)

The case law of the Court of Justice of the European Union is shaped by the language in which it is drafted—i.e. French. However, because French is rarely the mother tongue of those drafting that case law, the texts produced are often stilted and awkward. In addition, those drafting such case law are constrained in their use of language and style of writing. These factors have led to the development of a ‘Court French’ which necessarily shapes the (...) case law produced and has implications for its development, particularly insofar as it inevitably leads to a type of precedent in that case law. That case law also undergoes many permutations of translation into and out of up to 23 different languages. The resultant texts that make up the case law are hybrid in nature—consisting of a blend of cultural and linguistic patterns, constrained by a rigid formulistic drafting style and put through many permutations of translation. The present paper investigates the production of the Court’s multilingual case law and considers whether the hybrid nature of that case law can actually aid the presentation of a ‘uniform’ EU case law. (shrink)

The current environment of business and financial corruption in Spain has increased in recent years. In order to reduce the scope of this problem, the Spanish Criminal Code has introduced codes of conduct and ethics to encourage a new culture of respecting laws for companies and employees. An Educational Innovation Group at the University of Extremadura has proposed a cross-sectional model to study ethics, in an effort to address concerns about the consequences of illegal acts in society and companies. Students (...) in Business, Finance and Accounting are required to practice ethical decision-making through court judgments in order to develop “ethical competences”. These competences are included in the European Higher Education Area and the Official University Education in Spain, specifically in the Royal Decree 1393/2007, of 29 October through cross-sectional competences within the academic programmes. The results of the study show that a high percentage of students validate this methodology as a way of improving ethical decision-making skills at University that will be applied to future business practices. (shrink)

In the following paper sources of a constitution are put in question in general, and more specifically, the constitutional culture of the European Union Law is being investigated in-depth with regard to principles of deliberative democracy and rulings of the Court of Justice of the European Union. The change of a law application paradigm as well as the change of a legal systems’ nature are taken into account.

The present study aims to extend research on the role of values for the perceived legitimacy of legal authorities by focusing on (1) supranational legal authorities and (2) a broad range of values. We examine how (alignment between) people’s personal values and their perception of the values of the European Union (EU) are related to perceived legitimacy of the Court of Justice of the EU (CJEU) and the EU more broadly. Inspired by moral foundations theory, we distinguish between (...) individualizing (i.e., “democracy”, “liberty”, and “fairness”) and binding values (i.e., “rule of law”, “respect for national authority”, and “respect for tradition”). An online survey was conducted in six EU member states (N = 1,136). A factor analysis confirmed a two-factor model (individualizing vs. binding values) for both personal values and perceived EU values. Four regression models were run for each of the value factors, including personal values, perceived EU values, and their interaction, on each of the outcomes (i.e., perceived CJEU and EU legitimacy). Perceived endorsement by the EU of both individualizing and binding values predicted higher legitimacy perceptions of the CJEU and EU. Furthermore, personal binding values had a negative effect on perceived EU legitimacy when participants perceived the EU to weakly support binding values, but a positive effect when the EU was perceived to strongly support binding values. The results suggest that value alignment plays an important role in perceived legitimacy of the CJEU and EU, and that better representing binding values might be a strategy to improve perceived EU legitimacy. (shrink)

From the point of the EU law, the CJEU has the exclusive competence to interpret the EU legal norms and decide upon validity of the legal acts adopted by the EU institutions because it is the most effective method to ensure the unilateral interpretation of the EU law and to prevent its fragmentation. Thus, it can be presumed that all disputes between the Member States regarding the EU law must be solved by the CJEU. The paper aims at finding the (...) answer to the question whether international courts under the international law must refuse their jurisdiction in cases where disputes of the Member States relate with the EU law. With the view of this aim, arguments arising from the international law (for instance, prohibition of intervening into affairs of another legal system, prohibition of abuse of laws), on the basis of which an international court should decline its jurisdiction, and applicability of such arguments to the situation discussed is assessed and an independent approach is formulated. (shrink)

The article is dedicated to determine de iure and de facto binding force of the case law of the Court of Justice of the European Union (hereinafter the ECJ) and its place in the system of legal sources in Latvia. The author concludes that the case law of the ECJ consists of legally important statements, which are included in judgements of the ECJ, namely, of an interpretation of legal norms, made by the ECJ, and of judge-made law norms, (...) which the ECJ has found in legal system by use of a further law-making. Therefore, it follows from the above that the case law of the ECJ is regarded as binding independent addition legal source in Latvia. This publication concerns not only Latvia, but also other European Union (hereinafter the EU) member states of the continental Europe or Romano-Germanic legal system. (shrink)

The Court of Justice of the European Union (CJEU) has had the opportunity to address the sensitive matter of the wearing of the Islamic headscarf in the workplace in two preliminary rulings. The result of these decisions implies that the wearing of this veil at work is, in general, neither proscribed nor always justified as a legitimate expression of religious beliefs. However, the law studied and applied deals exclusively with discrimination in the workplace on religious grounds. Nonetheless, the (...) Islamic headscarf is only worn by (some) Muslim women (never by men). This article reviews the EU legislation and policy on equality, intersectionality and multiple discrimination to verify that gender mainstreaming does not reach the work of the Court. Only the inclusion of a feminist perspective to the application of justice, with a clear methodology, can guarantee that gender does not disappear in cases of complex discrimination. (shrink)

The aim of the paper is to establish a relation between the cooperative principle formulated by H.P. Grice in pragmatics and the principle of sincere cooperation laid down in the founding Treaties on the European Union and interpretated by the Court of Justice of the European Union, intimately linked to the ethical imperative of cooperation, in a cultural framework shared by the Member States. The key concepts are ratio and value and the case-law analysed is provided by (...) the recent cases of the Romanian magistrates. The principle of cooperation reasserted also as the Cooperation and Verification Mechanism is the main obligation and it implies compliance with agreements and action to obtain certain effects. (shrink)

‘The Union of Cause and Effect in Aristotle : Physics III 3’, Oxford Studies in Ancient Philosophy, 32, pp. 205-232, May 2007.: I argue that Aristotle introduced a unique realist account of causation, which has not hitherto been appreciated in the history of philosophy: causal realism without a causal relation. In his account, cause and effect are unified by the ectopic actualization of the agent’s potentiality in the patient. His solution consists in the introduction of a property that belongs (...) to one subject but is realized in another subject on whose state this realization depends. I identify and analyze the multiple ontological dependencies between the causal state of the agent and that of the patient during their causal activity. (shrink)

The treaty of Lisbon makes European Union (EU) accession to the European Convention on Human Rights (ECHR) an obligation of result. The issue has been intensely discussed for more than thirty years, arguing that such accession is necessary in view of the need to ensure the ECHR standard of fundamental rights protection in Europe. This question again gains prominence as the EU member states and the institutions seek to agree on the negotiation directives of EU accession to the ECHR. (...) The process brings up the difficulties involved in creating a mechanism which would both facilitate the autonomy of the EU legal order and enable individuals to bring claims against the EU to the European Court of Human Rights (ECtHR). This involves the questions how it would be possible to ensure quick access to justice, and whether the ECtHR would continue to apply the doctrine of equivalent protection in relation to EU even after the latter becomes bound by the ECHR. The article argues that EU accession to the Convention is a prominent political step ensuring coherence of human rights protection mechanism in Europe. (shrink)

At a time when trade union activity is becoming more global, the article provides a theoretical framework that places a moral obligation on unions towards work migrants from the time they take a first step in the direction of movement, and continuing after they enter the receiving country and throughout the period of their work. The argument is based on theories of global justice and offers a three-axis framework that enables a complex analysis of union responsibility: direct and (...) political responsibility, labour connectedness and solidarity. The moral obligation of unions stemming from global justice differs from the citizenship-based model or that of human rights. Its basis is global. Such an obligation should be recognized by various institutions, including the courts, thereby adding a global dimension to rights relating to collective action, such as the right to unionize, the right to collective bargaining and the right to strike. The article analyses the ECJ’s decisions in the Viking and Laval cases, showing how the court failed to recognize this global dimension, and claiming that if such recognition were to be extended, a more accurate balance could be achieved between rights relating to collective action and economic interests in an era of globalization. (shrink)

This volume contains the first publication in book form of an English translation of Thomas Aquinas's controversial disputed question De unione Verbi incarnati. This disputed question is a remarkable portal into the Angelic Doctor's theology of the hypostatic union, which is recognized as an area in which Aquinas forged some of his most original and penetrating articulations of the Christian faith. In the De unione Verbi incarnati Aquinas presents in five articles material that occupies more than eighteen questions in (...) the third part of the Summa theologiae. The attribution of an esse secundarium to Christ, in the fourth article of the De unione, has been the object of intense debate, for it seems to contradict the account of the Summa. In addition to Professor Nutt's English translation, the volume includes the critical Latin text published by Barbara Bartocci, Klaus Obenauer, and Walter Senner, as well as a substantial introduction. Professor Nutt's introduction carefully unfolds the historical background, technical concepts, sources, and speculative claims needed for understanding the breadth of the biblical and metaphysical contemplation represented in this work; it also includes a detailed exploration of the debate over the fourth article. (shrink)

The Proceedings present the contributions to the 13th International Kant Congress which was held at the University of Oslo, August 6-9, 2019. The congress, which hosted speakers from more than thirty countries and five continents, was dedicated to the topic of the court of reason. The idea that reason stands before itself as a tribunal characterizes the whole of Kant's critical project. Without such a court, reason falls into conflict with itself. With such a court in place, (...) however, it may succeed in establishing the possibility and limits of metaphysics, ethics, aesthetics, law and science. The idea of reason being its own judge is not only pivotal to a proper understanding of Kant's philosophy, but can also shed light on the burgeoning fields of meta-philosophy and philosophical methodology. The 2019 Kant Congress put special emphasis on Kant's methodology, his account of conceptual critique, and the relevance of his ideas to current issues in especially political philosophy and the philosophy of law. Additional sections discussed a wide range of topics in Kant's philosophy. The Proceedings will provide anyone who is interested in exploring the variety of present-day work on Kant and Kantian themes with a wealth of fruitful inspiration. (shrink)

In its jurisprudence relating to Article 267 TFEU, the Court of Justice of the European Union seems to oscillate between two different approaches. According to the jurisprudential mainstream, the preliminary ruling is an instrument of dialogue between national courts and the Court of Justice. This constant dialogue can fulfill the role assigned to the Court to ensure consistency of interpretation and application of Union law. Another line of cases, however, seems to make preliminary rulings means (...) for individuals to ensure their rights which derive from EU law. These two visions of the preliminary references recently have been opposed in discussions about a particular aspect of the preliminary procedure, which is the late withdrawal of the question referred by the national court. In fact, when the national court considered that the response of the Court of Justice was not “necessary to render judgment,” it could, at any time, including both before and after the deliberate publication, date the judgment to the parties and remove this issue. Therefore, the jurisdiction of the Court of Justice became dependent on matters of procedure (dealings between the parties, amicable agreements, etc.) that occurred in extremis before the national court, which sometimes cast doubt on a possible manipulation of the Court by the parties to the main proceedings. It became necessary to find a solution to solve this problem. The two different visions were then compared. If the preliminary ruling is conceived as an additional instrument for the rights that individuals derive from EU law, there is no need for the Court of Justice of the European Union to make a decision when the dispute is resolved before the national court and the defendant has obtained satisfaction. Conversely, if the preliminary ruling is conceived as an instrument to ensure the uniform application and interpretation of EU law, this judgment may be necessary. In fact, without deciding in abstracto, the Court in its judgement will anchor an interpretation that should be applied in all similar cases in the courts of the 27 Member States. In this case, a judgment may still be necessary, even if the dispute before the national court ended off. In order to preserve this approach, the new Rules of Procedure now contain a provision in Article 100 (1) which reads as follows: “The Court shall remain seised of a request for a preliminary ruling for as long as it is not withdrawn by the court or tribunal which made that request to the Court. The withdrawal of a request may be taken into account until notice of the date of delivery of the judgment has been served on the interest persons referred to in Article 23 of the Statute”. Thus, the late withdrawal of a request for a preliminary ruling is clearly limited in time and, even if such removal would occur in extremis, the judgment of the Court will be delivered in the interest of interpretation and uniform application of Union law. (shrink)

The Proceedings present the contributions to the 13th International Kant Congress which was held at the University of Oslo, August 6-9, 2019. The congress, which hosted speakers from more than thirty countries and five continents, was dedicated to the topic of the court of reason. The idea that reason stands before itself as a tribunal characterizes the whole of Kant's critical project. Without such a court, reason falls into conflict with itself. With such a court in place, (...) however, it may succeed in establishing the possibility and limits of metaphysics, ethics, aesthetics, law and science. The idea of reason being its own judge is not only pivotal to a proper understanding of Kant's philosophy, but can also shed light on the burgeoning fields of meta-philosophy and philosophical methodology. The 2019 Kant Congress put special emphasis on Kant's methodology, his account of conceptual critique, and the relevance of his ideas to current issues in especially political philosophy and the philosophy of law. Additional sections discussed a wide range of topics in Kant's philosophy. The Proceedings will provide anyone who is interested in exploring the variety of present-day work on Kant and Kantian themes with a wealth of fruitful inspiration. (shrink)

_Courting the Abyss_ updates the philosophy of free expression for a world that is very different from the one in which it originated. The notion that a free society should allow Klansmen, neo-Nazis, sundry extremists, and pornographers to spread their doctrines as freely as everyone else has come increasingly under fire. At the same time, in the wake of 9/11, the Right and the Left continue to wage war over the utility of an absolute vision of free speech in a (...) time of increased national security. _Courting the Abyss_ revisits the tangled history of free speech, finding resolutions to these debates hidden at the very roots of the liberal tradition. A mesmerizing account of the role of public communication in the Anglo-American world, _Courting the Abyss_ shows that liberty's earliest advocates recognized its fraternal relationship with wickedness and evil. While we understand freedom of expression to mean "anything goes," John Durham Peters asks why its advocates so often celebrate a sojourn in hell and the overcoming of suffering. He directs us to such well-known sources as the prose and poetry of John Milton and the political and philosophical theory of John Locke, Adam Smith, John Stuart Mill, and Oliver Wendell Holmes Jr., as well as lesser-known sources such as the theology of Paul of Tarsus. In various ways they all, he shows, envisioned an attitude of self-mastery or self-transcendence as a response to the inevitable dangers of free speech, a troubled legacy that continues to inform ruling norms about knowledge, ethical responsibility, and democracy today. A world of gigabytes, undiminished religious passion, and relentless scientific discovery calls for a fresh account of liberty that recognizes its risk and its splendor. Instead of celebrating noxious doctrine as proof of society's robustness, _Courting the Abyss_ invites us to rethink public communication today by looking more deeply into the unfathomable mystery of liberty and evil. (shrink)

Executive power in the European Union consists of various bits and pieces that have been cobbled together across a spectrum of institutions, sub‐actors, and policy areas. No fewer than three institutions of the European Union and its predecessors can claim to exercise executive authority within the Union, albeit to varying degrees and with varying emphasis: the Commission, the Council, and the European Council. This chapter provides a brief overview of the three core executive institutions, followed by a (...) discussion on recent executive constructions outside the EU legal framework. It highlights the pressing need for accountability mechanisms on all levels of Union governance. The European Council has gradually reinforced its own role, becoming in effect the most important agenda setter of the larger developments of the European Union, in spite of the Commission's monopoly of legislative initiative. (shrink)

The Colombian military and the United Self-Defense Forces of Colombia (AUC) have committed systematic attacks against the Colombian people that violate international law. One such heinous incident took place in May 2003 at the Betoyes Guahibo indigenous reserve in Colombia. Unlike other acts of terror, the attack at the Reserve is well documented. Because of this, the attack on the Reserve is an excellent case for International Criminal Court (ICC) prosecution. This article exposes acts of cruelty and makes a (...) persuasive moral case for ICC prosecution. The ICC has jurisdiction over the attack on the Betoyes people by the AUC and Colombian military. The article further discusses the potential legal exposure of the Colombian government, individual Colombians and US individuals through its military support and training of the Colombian military. (shrink)

Any abstract account of a field of law must make generalizations that are both faithful to the legal materials and appropriate to the subject matter's aims. The uniqueness and fluidity of the European Union's institutions makes such generalizations very difficult. A common theoretical approach to EU law (one that is often relied upon by the Court of Justice, the Parliament and the Commission) is to borrow directly from the theory of domestic constitutional law. The most recent manifestation of (...) this tendency is the draft Treaty on the European Constitution, which includes many of the symbolic features of a domestic constitutional order. But the European Union is not a state and the constitutional analogy is in many ways problematic. In this article I defend the view that a more complex theory is more appropriate to the unique combination of ordinary politics with diplomatic conferences that constitutes the European Union. The key to these institutions is, in my view, a Kantian international ideal of liberal peace. The foundational constitutional principles of the EU, principles that both fit the current legal framework and offer its most attractive interpretation, require the qualified autonomy of member states in a union of republics that create collective institutions for the purposes of liberal peace. (shrink)

Hegel called world history a court of judgement, a world court, and in his Lectures on the Philosophy of World History he took Africans before that court and found them to be barbaric, cannibalistic, preoccupied with fetishes, without history, and without any consciousness of freedom. -/- In this paper, after rehearsing some of the more familiar objections to Hegel's verdict against Africa, I turn the tables and put Hegel on trial. More specifically, given that much of Hegel's (...) account is directed against the Ashanti, I will use what is known about them and especially what Hegel either did know or should have known, to take him before the court of the Ashanti, where the use of evidence can be interrogated. The results of this examination render all the more pressing the need to give an account of how Hegel applied his system of justice to Africa, which I attempt to do in the second part of the paper. In the third part, I return to the interpretation of Hegel's statement about Africa as unhistorical and, having restored it to its context in Hegel's system, show its. (shrink)

Trade union leaders serve dual, seemingly contradictory roles. They must command militant organizations in conflicts with employers. Simultaneously, they must be accountable and democratically responsive to their members. Few unions possess the institutions or leadership to accomplish both. This article analyzes the practices of the International Longshore and Warehouse Union, in which effective contract negotiation and an informed, active rank-and-file democracy are mutually supportive. We offer an alternative to standard accounts of union democracy. While the claims (...) are based on a detailed case study, the theoretical model and its insights hold for labor unions and organizations more broadly. (shrink)

On June 16, 2003, the Supreme Court ruled that forced administration of antipsychotic drugs to a defendant facing serious criminal charges is appropriate in order to render that defendant competent to stand trial, but only in limited circumstances. The treatment must be medically appropriate, substantially unlikely to have side effects that may undermine the fairness of the trial, and necessary to significantly further important government interests, after taking account of less-intrusive alternatives.Charles Sell, a former dentist, had a long history (...) of mental illness. He had been hospitalized twice, in 1982 and 1984, after expressing paranoid ideas to law enforcement officials. In May 1997, Sell was charged with fifty-six counts of mail fraud, six counts of Medicaid fraud, and one count of money laundering. He was released on bail after a magistrate determined that he was currently competent to stand trial. (shrink)

On June 16, 2003, the Supreme Court ruled that forced administration of antipsychotic drugs to a defendant facing serious criminal charges is appropriate in order to render that defendant competent to stand trial, but only in limited circumstances. The treatment must be medically appropriate, substantially unlikely to have side effects that may undermine the fairness of the trial, and necessary to significantly further important government interests, after taking account of less-intrusive alternatives.Charles Sell, a former dentist, had a long history (...) of mental illness. He had been hospitalized twice, in 1982 and 1984, after expressing paranoid ideas to law enforcement officials. In May 1997, Sell was charged with fifty-six counts of mail fraud, six counts of Medicaid fraud, and one count of money laundering. He was released on bail after a magistrate determined that he was currently competent to stand trial. (shrink)

Most scholarly contributions analysing the Han Feizi tend not only to overlook the influence military literature might have had on its conception and unfolding, but also to assert that the figure of the ruler, as described in this text, and that of the commander, as portrayed in military treatises, are incompatible. In refuting this view, I shall attempt to demonstrate that the writings collected in the Han Feizi fully embrace the logic of military con- frontation, which entails, among other things, (...) the deployment of deception and irregular procedures as a necessary means to secure sovereign power and to achieve a complete control of the administration. Accordingly, I shall show that a comprehensive understanding of this important work in the history of classical Chinese thought is not possible unless one takes into account this convergence of shared ideas and concepts from both spheres, that of military strategy and that of political science as set forth in the Han Feizi. (shrink)

This article critically evaluates the possible impact of the Charter on the relationship between the Court of Justice of the European Union and national constitutional courts. While it is premature to provide a definitive assessment of the kind of collaboration that these courts will develop, it is crucial to identify a number of features of the new landscape that will influence the direction in which the relationship between the CJEU and constitutional courts will evolve. This article discusses several (...) reasons that may result in better or a higher number of judicial interactions, as well as factors that may create tension or cause problems in the relationship between the CJEU and national constitutional courts. As such, it offers a framework that may help us to understand future post-Charter judgments by these courts setting out how they conceive their engagement with their counterpart on fundamental rights issues. (shrink)

This essay deals with conditions, challenges and perspectives concerning the legal system of the European Union after the Lisbon treaty has entered into force. It starts out by recalling constitutional principles such as primacy, direct effect and consistent interpretation of the European legal order on the one hand and the relationship of cooperation between the Court of Justice and national courts – notably pointing out the importance of the preliminary procedure (Article 267 TFEU) – on the other hand. (...) In addition, characteristics of the legal system of the European Union such as the integration of national legal systems are highlighted. It is accentuated that the legal community of the European Union depends on the acceptance by all 27 Member States. Furthermore, the normative quality of European law-making is discussed as well as the necessity for a sufficient democratic legitimation of European Law. As impressively illustrated by the financial crisis, the European Union is much better equipped with possibilities to effectively fulfil regulatory tasks than any Member State. The author shows developments with regard to European Union citizenship, non-discrimination, the Charter of Fundamental Rights - that is now equipped with binding character – and the vertical distribution of competences between the European Union and the Member States, including explanations relating to subsidiarity requirements and their judicial review. Moreover, challenges to the institutions of the European Union are discussed. (shrink)

Søren Kierkegaard 's account of faith in Philosophical Fragments claims that the historical Incarnation is necessary for faith, but that historical evidence for the Incarnation is neither necessary nor sufficient for faith. It has been argued that the defence of these two claims gives rise to a faith /history problem for Kierkegaard and that it is incoherent to defend an account of faith which affirms both the necessity of the historical Incarnation and rejects the necessity and sufficiency of the historical (...) evidence for the Incarnation. I argue that this problem can be solved by applying Eleonore Stump's account of divine–human union. I argue that the Incarnation is necessary because it allows us to enjoy a kind of mutual empathy with Christ which is the basis of divine–human union and that the historical evidence is neither necessary nor sufficient since faith is grounded in a second-person experience of Christ. I claim that this solves the faith /history problem and offers a way of defending Kierkegaard 's account of faith as coherent. (shrink)

The paper analyses the problem of workload quotas for district court judges in relation to the standard statutory work time duration. The problem is set against the general tendency of increase in the number of cases brought before courts each year. District courts as the courts of first instance are faced with an ever growing flow of cases. With regard to civil cases, the numbers are increasing especially in the field of the law of obligations (disputes in relation to (...) sale, loan, credit, consumer credit, lease contracts, as well as contracts for the provision of services, etc.). As far as criminal cases are concerned, the numbers are increasing especially in the fields of robbery, theft, in particular car theft, disturbance of public order and other crimes. In these circumstances, it is extremely important to conduct the analysis of the activity of courts in order to obtain a picture of the current situation with regard to the workload of courts and judges. District courts deserve special attention. Uneven distribution of workload among courts and judges is often the reason for the increase of the number of cases where a final decision (judgement) is reached later than 6 months after the start of proceedings. This was pointed out in the Overview of Activities of the Lithuanian Courts and their Self-Governance Institutions (2009–2010), as well as in the report of the National Courts Administration (2010). Those documents underline the importance to analyse the workload of district court judges for the purposes of optimising work organisation, setting the number of judges, distribution of resources, evaluation of judges’ activity, etc. The said analysis is crucial in order to avoid exceeding working time quotas and excessive workload of judges. At present, the workload of district court judges is calculated in accordance with the regulation adopted by the Courts Council in 2004 (as amended in 2005) and it reflects the number of standard cases (civil, criminal cases and cases of administrative offences) as well as other types of procedural documents dealt with by a judge within a period of one month. However, there are no quotas set for judge’s workload with regard to the duration of the statutory work time. The quotas for separate procedural stages (preparation for hearings, hearings, adoption of decision (judgement), other procedural actions that a judge performs while administering justice) are inexistent. The calculation does not take into account whether those standard cases are heard by a single judge or by a panel of judges, the complexity of a particular case is neither reflected. Establishing quotas for district court judges and other court clerks (judge assistants, secretaries, etc.) should consist of legal, organisational-procedural and technical-economical activity. The Ministry of Justice of the Republic of Lithuania, the National Courts Administration, the Courts Council as well as chairmen and experienced judges of district courts should play an active part in the process of establishing quotas. A special role should be assumed by the General Assembly of Judges. (shrink)