Download Collective Rights: A Legal Theory by Miodrag A. Jovanović PDF

By Miodrag A. Jovanović

In a departure from the mainstream technique of a positivist-oriented jurisprudence, Collective Rights presents the 1st legal-theoretical therapy of this sector. It advances a normative-moral viewpoint of 'value collectivism' which works opposed to the normal political philosophy of liberalism and the dominant rules of liberal multiculturalism. additionally, it locations a theoretical account of collective rights in the better debate among proponents of alternative rights theories. by way of exploring why 'collective rights' could be differentiated from comparable felony strategies, the connection among collective and person rights and why teams can be regarded because the 3rd specific kind of right-holders, it offers the subject as attached to the bigger philosophical debate approximately foreign legislations of human rights, such a lot significantly to the matter of universality of rights.

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Extra resources for Collective Rights: A Legal Theory

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Certainly, we can ask both questions, the first time referring to the Indian/Canadian/international law on indigenous peoples, and the second time to European/Serbian law. Asking these sorts of question might well be helpful to lawyers practising in given legal systems, and this was, after all, Hart’s methodological inclination for arguing in favour of the refined method of ‘paraphrasing’. asp. Cf. Summers, ‘The New Analytical Jurists’, 868–70. analytical jurisprudence & method of ‘paraphrasing’ 35 to determine whether in the recent case Secretary, Cannanore District Muslim Educational Association v.

Cf. murdoch. html. , Carsten Alting, ‘Piercing the Corporate Veil in American and German Law – Liability of Individuals and Entites: A Comparative View’, Tulsa Journal of Comparative & International Law 2 (1995) 2: 187–252. 42 reflections on methodology Consequently, in trying to elucidate the nature of the legal concept ‘piercing the corporate veil’, we might now follow Hart’s suggestion and ask an ‘under-what-circumstances’ type of question.

The Philosophical Review 2 (1955) 64: 181. When a child is taken by law out of the tutelage of its parents and put into the care of some other person, the measure is not conceived as being a waiver of the parent’s duty – the parent may indeed be penalized for the acts of neglect which justify the order. The point is that in the interests of the child, fulfilment of the functions of care and nurture especially in infancy is so fundamentally important that someone else is appointed to undertake their fulfilment as a duty on the ground that the parent is temporarily or permanently unable or unwilling to do so.

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