This article presents the legal thought of Hannah Arendt as a post-foundationalist account of constitutional authority. Where authority has traditionally been understood as a hierarchical concept, akin to rule or domination, Arendt democratizes the...
Integration law is intended to overcome inequality. Therefore, inequality first must be named what is done based on categories such as “foreigners” or “people with migration background”. The challenge is that categories should not lead to...
This paper explores how law and jurisprudence are currently being challenged by anti-racist critiques. Specifically, it examines how the term „whiteness“ is being used to criticize law as inherently unjust and racist. Whilst the paper also...
Based on reflections on the concept of biopolitics, the present paper addresses the junctions between self-determination and heteronomy in the encounter between state actors, global corporations, and the private individual. Rulings of the European...
Legal phenomenology is becoming increasingly popular. How must a phenomenological analysis of possession be structured? To explore the nature of possession it has to be considered independently of ownership. In a property system, the understanding...
In this paper I compare the understanding of jurisprudence by Hans Kelsen and Carl Schmitt. By establishing the primacy of politics and rejecting the prescriptive function of jurisprudence, Hans Kelsen enabled a democratic understanding of law (and...