Volume 7 (2021), Edition 3

When, within the framework of a highly controversial debate of the early 1990s in Germany on the right to asylum, Winfrid Brugger argued, a human right to asylum could not be based on sound reason, he referred to the supposed impossibility of an...

In his late work Perpetual Peace. A philosophical sketch from 1795/96, Kant gives us some hints on the relation between migration and cosmopolitanism. In his “general law of hospitality”, which is not a law of guest, but guarantees a right of...

The restriction of freedom of movement within the German asylum procedure is legally controversial. My essay applies John Rawls’ Theory of Justice to this problem. This is appropriate because Rawls makes the principle of equal basic freedoms the...

This article analyses nudging from the perspective of liberal democratic theory of law. On the level of constitutional law, nudging is criticised for being paternalistic. At second thought, many forms of nudging are in contrast not paternalistic,...

Kant’s philosophy of law is predominantly received without reference to its author’s - seemingly less compatible - positions in the philosophy of history. The following article attempts to trace the internal dependence of Kant’s philosophy of...

Law requires language. Within legal theory one is aware that language can be used as a vehicle to fill legal norms with the subjective preferences of the respective author when interpreting and generating law. However, the cognitive basics of legal...