By Miodrag A. Jovanović
In a departure from the mainstream method of a positivist-oriented jurisprudence, Collective Rights offers the 1st legal-theoretical therapy of this region. It advances a normative-moral point of view of 'value collectivism' which matches opposed to the conventional political philosophy of liberalism and the dominant rules of liberal multiculturalism. furthermore, it locations a theoretical account of collective rights in the higher debate among proponents of other rights theories. via exploring why 'collective rights' may be differentiated from comparable criminal recommendations, the connection among collective and person rights and why teams will be acknowledged because the 3rd designated form of right-holders, it offers the subject as hooked up 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
43–7. , 46. Edgar Bodenheimer, ‘Modern Analytical Jurisprudence and the Limits of its Usefulness’, University of Pennsylvania Law Review 8 (1956) 104: 1084. 82 Hence, while classical textbooks are designed to address students who are not yet skilled in using legal concepts, philosophical elucidation is focused on explaining features of legal concepts that are still puzzling even to those who have mastered their use. As for the vagueness or ambiguity of words, which might seem an insurmountable obstacle for analysis, Hart points out that we should keep in mind a distinction between two analytical principles.
35 29 30 32 33 34 35 The ideological function of this separation is, in Kelsen’s opinion, that ‘the subjective right, which really means private property, is a category transcending the objective law, it is an institution putting unavoidable constraints on the shaping of the content of the legal system . . Since property has always been a part of individual liberty, of autonomous personality . . , pp. 40–1). , p. 44. , p. 47. Carsten Heidemann, ‘Der Begriff der Zurechnung bei Hans Kelsen’, in Stanley L.
In the first edition of his book Reine Rechtslehre (1934), Kelsen speaks of the two forms of ‘imputation’: ‘central’ (zentrale Zurechnung) and ‘peripheral’ (periphere Zurechnung). The first one, demonstrated in the case of the concept of ‘person’, is an auxiliary tool of legal thinking, which helps us to avoid anthropomorphism in legal theory. The second one is ‘a formal relational category’ of the Pure Theory of Law,32 and it differs from the ‘central imputation’ in so far as here, ‘a material fact is connected not to the unity of the system but to another material fact within the system, that is .