Collective Rights: A Legal Theory by Miodrag A. Jovanović
By Miodrag A. Jovanović
In a departure from the mainstream technique of a positivist-oriented jurisprudence, Collective Rights offers the 1st legal-theoretical therapy of this zone. It advances a normative-moral viewpoint of 'value collectivism' which works opposed to the conventional 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 means of exploring why 'collective rights' could be differentiated from comparable criminal innovations, the connection among collective and person rights and why teams can be regarded because the 3rd detailed form of right-holders, it provides the subject as attached to the bigger philosophical debate approximately overseas legislations of human rights, so much particularly to the matter of universality of rights.
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Extra resources for Collective Rights: A Legal Theory
45 Kelsen, Introduction to the Problems of Legal Theory, p. 50. , pp. 49–50. 24 reflections on methodology The Parties undertake to adopt, where necessary, adequate measures in order to promote, in all areas of economic, social, political and cultural life, full and effective equality between persons belonging to a national minority and those belonging to the majority. In this respect, they shall take due account of the specific conditions of the persons belonging to national minorities. 47 Article 19 of the Special Statute for Region Trentino-Alto Adige/Su¨dtirol provides, inter alia, that: ‘The Italian, German and Ladin linguistic groups shall be represented in the Provincial Schools Council and the Provincial Disciplinary Council for Teachers.
Coleman, ‘Methodology’, 343. ), Jurisprudence or Legal Science? A Debate about the Nature of Legal Theory (Oxford and Portland: Hart, 2005), p. 16. , Summers, ‘The New Analytical Jurist’, 865–77. , Veronica Rodriguez-Blanco, ‘A Defence of Hart’s Semantics as Nonambitious Conceptual Analysis’, Legal Theory 2 (2003) 9: 102–8. analytical jurisprudence & method of ‘paraphrasing’ 29 positivism. With regard to methodological issues, Hart makes a wellknown statement that the aim of his book ‘was to provide a theory of what law is which is both general and descriptive’.
Joachim Renzikowski, ‘Der Begriff der “Zurechnung” in der Reinen Rechtslehre Hans Kelsens’, in Alexy et al. ), Neukantianismus und Rechtsphilosophie, p. 266. Kelsen, Reine Rechtslehre, p. 155. 45 Kelsen, Introduction to the Problems of Legal Theory, p. 50. , pp. 49–50. 24 reflections on methodology The Parties undertake to adopt, where necessary, adequate measures in order to promote, in all areas of economic, social, political and cultural life, full and effective equality between persons belonging to a national minority and those belonging to the majority.