That wrongdoing can be understood as scalar rather than bivalent, is a kind of truism in modern criminal law theory. But how exactly the strength and stringency of legal prohibitions and corresponding obligations can be conceptualized, is a...
Defeasibility is often related to burdens of proof. By meeting its burdens of proof, a party may defeat a claim by the other party that would have been supported had the burdens not been met. To provide an adequate logical account of burdens of...
The text develops three theses: First, equality has three juridical aspects, namely universal equality, particular equality and social equality. Second, liberal freedom must always appear in these three aspects simultaneously in order to become...
The aim of the following enquiry is to reconstruct recognition as an essential building block of Rawls’s egalitarian liberalism, and there to examine in particular the nuanced translation of recognition into forms of law. Thus, through this...
This paper focusses inequalities in the welfare state. Therefore, the equal distribution of an egalitarianism will be examined. The normative sources of the welfare state are not equality but the good life. Such an approach will be discussed...
The introduction of the basic pension, an individual basic pension supplement granted if obligatory contributions to the statutory pension insurance have been paid for decades from below-average earnings, is taken as an opportunity to reflect on the...