面对未来：构想对后代的法律义务

IF 2.5 3区社会学 Q1 POLITICAL SCIENCE

Politics and Governance Pub Date : 2024-04-17 DOI:10.17645/pag.7839

Svenja Behrendt

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引用次数: 0

摘要

设想对后代人的法律义务具有挑战性--特别是从实证主义的立场出发，而且如果义务和要求在性质上被理解为是相互关联的。如果（只要）没有明确的承认或既定的理论，对后代的法律义务往往从一开始就被拒绝。这忽视了合理的法律解释的力量。我认为，对后人和后代人的义务是以人权的关系性为基础的，在包含可合理解释为承认人权的规范文本的法律秩序中，这些义务的实在性不成问题；这些义务无需额外颁布即可成为实在法的一部分。这一主张的基础是与法律实证主义相一致的（新颖的）基本权利概念。

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Facing the Future: Conceiving Legal Obligations Towards Future Generations

Conceiving legal obligations towards future generations is challenging—especially from a positivist stance and if obligations and claims are understood as being correlative in nature. Legal obligations towards future generations are often rejected from the outset if (and insofar as) there is no explicit acknowledgement or established doctrine. This neglects the power of sound legal interpretation. I argue that obligations towards future people and generations are grounded in the relational character of human rights and that their positivity is not a problem in a legal order containing norm texts that can reasonably be interpreted as acknowledging human rights; no additional enactment is necessary for these obligations to be part of the positive law. This claim is based on a (novel) concept of fundamental rights which is compatible with legal positivism.

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来源期刊

Politics and Governance POLITICAL SCIENCE-

CiteScore

4.90

自引率

4.50%

发文量

审稿时长

16 weeks

期刊介绍： Politics and Governance is an innovative offering to the world of online publishing in the Political Sciences. An internationally peer-reviewed open access journal, Politics and Governance publishes significant, cutting-edge and multidisciplinary research drawn from all areas of Political Science. Its central aim is thereby to enhance the broad scholarly understanding of the range of contemporary political and governing processes, and impact upon of states, political entities, international organizations, communities, societies and individuals, at international, regional, national and local levels. Submissions that focus upon the political or governance-based dynamics of any of these levels or units of analysis in way that interestingly and effectively brings together conceptual analysis and empirical findings are welcome. Politics and Governance is committed to publishing rigorous and high-quality research. To that end, it undertakes a meticulous editorial process, providing both the academic and policy-making community with the most advanced research on contemporary politics and governance. The journal is an entirely open-access online resource, and its in-house publication process enables it to swiftly disseminate its research findings worldwide, and on a regular basis.