German Law Journal最新文献_第10页

Re-reading Neulinger and Shuruk v. Switzerland: Bringing the Religious Dimension into View 重读Neulinger和Shuruk诉瑞士案：将宗教维度纳入视野

IF 1.3

German Law Journal Pub Date : 2022-09-01 DOI: 10.1017/glj.2022.64

A. Margaria

{"title":"Re-reading Neulinger and Shuruk v. Switzerland: Bringing the Religious Dimension into View","authors":"A. Margaria","doi":"10.1017/glj.2022.64","DOIUrl":"https://doi.org/10.1017/glj.2022.64","url":null,"abstract":"Abstract This Article offers an anthropologically informed rereading of the landmark case Neulinger and Shuruk v. Switzerland, decided by the European Court of Human Rights (ECtHR) in 2010. This rereading is undertaken by “going beyond judgments” temporally—i.e., reconstructing the case from its origins to present—and spatially—i.e., looking at different sources of data and putting them into conversation with one another. This approach draws on anthropology both conceptually and methodologically. Not only does it address “case law” and “litigation” as creations of a variety of social and legal agents, constantly and meaningfully interacting with one another, but it also adopts a “litigant’s perspective” and creates space for acknowledging aspects of the lived experience of the applicants that have been marginalized in legal reasoning. By doing so, this Article shows that, from being strongly imbued with religious considerations, Neulinger and Shuruk came to assume a neutral framing when entering and progressing through the ECtHR. “Going beyond judgments” ultimately foregrounds the image of the Court as an institution addressing and doing different things to different audiences and stakeholders, and showcases some of the ways through which multi-perspectivity and efforts to “humanize the law” may be incorporated into case-law analyses.","PeriodicalId":36303,"journal":{"name":"German Law Journal","volume":"23 1","pages":"1029 - 1050"},"PeriodicalIF":1.3,"publicationDate":"2022-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41529971","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

“To Leave Is to Die”: States’ Use of Mobility in Anticipation of Land Uninhabitability “离开就是死亡”：国家利用流动性预测土地不可分割性

IF 1.3

German Law Journal Pub Date : 2022-09-01 DOI: 10.1017/glj.2022.69

Marie Courtoy

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GLJ volume 23 issue 7 Cover and Front matter GLJ第23卷第7期封面和封面问题

IF 1.3

German Law Journal Pub Date : 2022-09-01 DOI: 10.1017/glj.2022.70

引用次数: 0

When Comparative Law Walks the Path of Anthropology: The Third Gender in Europe 当比较法走上人类学的道路：欧洲的第三性别

IF 1.3

German Law Journal Pub Date : 2022-09-01 DOI: 10.1017/glj.2022.65

Stefano Osella

{"title":"When Comparative Law Walks the Path of Anthropology: The Third Gender in Europe","authors":"Stefano Osella","doi":"10.1017/glj.2022.65","DOIUrl":"https://doi.org/10.1017/glj.2022.65","url":null,"abstract":"Abstract Gender recognition is a crucial achievement for non-binary people. To better understand this right, this article combines comparative law with theoretical insights from anthropology to offer a discussion of non-binary recognition in European fundamental rights law. It identifies three approaches to such a right and critically assesses each of them. The first approach is denial, with the non-binary option being explicitly or implicitly rejected, as has occurred in French and Italian courts. The next approach is limited recognition, whereby a non-binary option is granted under specific limitations, such as when certain physical characteristics are present or when a claimant permanently identifies with the non-binary gender. This is the course of action that has been taken in German law. The third approach is gender self-determination, whereby individuals can obtain recognition on the basis of their declaration alone. This solution has been offered by the Belgian Constitutional Court. On the strength of findings from anthropology, the article argues that the first two models are incapable of genuinely engaging with gender diversity, while the third one offers more robust legal protection. The analysis presented here serves as an example of how anthropological insights can be effectively used to advance comparative law research.","PeriodicalId":36303,"journal":{"name":"German Law Journal","volume":"23 1","pages":"920 - 942"},"PeriodicalIF":1.3,"publicationDate":"2022-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46085251","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Environmental Rights Between Constitutional Law and Local Context: Reflections on a Moving Target 宪法与地方语境下的环境权利：对一个运动目标的思考

IF 1.3

German Law Journal Pub Date : 2022-09-01 DOI: 10.1017/glj.2022.68

Dirk Hanschel, Mario G. Aguilera Bravo, Bayar Dashpurev, A. K. Idris

{"title":"Environmental Rights Between Constitutional Law and Local Context: Reflections on a Moving Target","authors":"Dirk Hanschel, Mario G. Aguilera Bravo, Bayar Dashpurev, A. K. Idris","doi":"10.1017/glj.2022.68","DOIUrl":"https://doi.org/10.1017/glj.2022.68","url":null,"abstract":"Abstract Environmental rights such as the right to a sound environment and rights of nature, while playing an increasingly important role in global environmental governance and protection, frequently do not correspond to articulations of fundamental experiences of injustice by communities particularly affected by serious environmental degradation caused by, for example, extractive activities or major infrastructure projects. We present three empirically grounded case studies that employ concepts and methods from anthropology to demonstrate this. The work is still in progress, but sufficiently well advanced to present some findings. Our ethnographic research in Ethiopia and Mongolia reveals that vulnerable local communities take recourse to constitutional environmental rights far less often than expected. The reasons for this range from rule-of-law issues to local perceptions of vulnerability and relevant norms. Conversely, where environmental rights are demanded or claimed at the local level, they are often not translated adequately into the law of the state. Our case study on Ecuador, where rights of nature as a specific type of environmental rights have been included in the constitution, shows that transfers from local practice, while potentially having a transformative effect, may lead to conceptual selectivity, ambiguity, lack of clarity, and overlaps with existing state norms and, hence, redundancies. Environmental rights are, therefore, a moving target whose concrete added value hinges on context—as methods of law and anthropology serve to illustrate.","PeriodicalId":36303,"journal":{"name":"German Law Journal","volume":"23 1","pages":"1012 - 1028"},"PeriodicalIF":1.3,"publicationDate":"2022-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44203236","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Anything Goes in Private Law Theory? On the Epistemic and Ontological Commitments of Private Law Multi-Pluralism – ERRATUM 私法理论有什么问题吗？论私法多元主义的认识论与本体论承诺

IF 1.3

German Law Journal Pub Date : 2022-08-05 DOI: 10.1017/glj.2022.61

M. Hesselink

引用次数: 0

Civil Courts and Delocalized Justice: Reflections on the Shell Nigeria Cases in Light of Theories of Communication and Constitutionalization 民事法院与地方化司法——基于沟通与合宪理论对壳牌尼日利亚案的思考

IF 1.3

German Law Journal Pub Date : 2022-07-01 DOI: 10.1017/glj.2022.57

C. Mak

引用次数: 0

Private Law Theory and the “Global Legal Community” 私法理论与“全球法学界”