RphZ Rechtsphilosophie

“Externalization” in asylum law refers to the restriction of refugee movement through the outsourcing of legal responsibilities by states. While this practice has often been justified as a response to the political “backlash” against asylum,...

This contribution analyzes the time-related, ecological, feminist, creative and labour-oriented dimensions envisioned by Eva von Redecker's concept of the freedom to stay and presents von Redecker's thinking as a continuation of Marxist traditions....

This article aims to provide German-speaking readers with an insight into Turkey’s current legal philosophy. Since its establishment as a modern republic in 1923, Turkey has pursued a Western-oriented course, taking inspiration from European...

Is the human predictable by AI, and if so, should we allow it? This paper examines the relationship between these empirical and normative questions from the perspective of the right to free development of personality enshrined in Art. 2 of the...

In this article, I critically engage with the thesis that rights cannot bring about radical social change. Specifically, I challenge the widespread assumption that subjective rights function essentially like property rights. Against this view, I...

This article outlines the central elements of Max Horkheimer’s critical theory of law. In his fragmentary writings on the subject, Horkheimer oscillates between two perspectives: one views law as an instrument of the ruling class; the other sees...

As the 50th anniversary of Critical Legal Studies (CLS) approaches, the Article revisits one of the movement’s most contested projects: the critique of rights. It reconstructs the eclectic rights critique advanced by CLS as a four-part framework...

Critical legal theory today broadly seeks to uncover and contest the role of law in reproducing power relations and ideological structures that hinder emancipation. This article argues that, despite its theoretical richness, contemporary critical...

Drawing on the Brazilian concept of anthropophagy, not only as a metaphor but as a cultural technique, this article explores how legal translation operates, driven by constellations of desire and embedded in social, cultural, and historical layers...

“Constituent” power is usually interpreted as an unconstituted and unconstrained force. This understanding leads to a paradox and rests on an inadequate theory of law. The constituent character of this power is better understood as referring to...

This article examines the legal theories of Evgeny Pashukanis and Franz L. Neumann. Pashukanis’s commodity-form thesis foreclosed the possibility of socialist jurisprudence beyond capitalist social relations. In contrast, Neumann, reacting to the...

This special issue revisits the Marxian and Pashukanian critique of the legal form, addressing persistent misconceptions in both legal practice and critical scholarship. Far from being a mere attack on liberal jurisprudence, materialist legal...

This article revisits the contested relationship between private and public law in Pashukanis. It argues that the nature of the private-public law distinction can only be grasped through a dialectical reconstruction. Accordingly, it reinterprets...

The paper offers a re-elaboration of the concept of the legal form as applied to international law. In order to move forward from Evgeny Pashukanis’s and China Miéville’s accounts, it expounds the concept of singularity. As I argue,...

Drawing on a newly discovered transcript of a speech that Evgeny Pashukanis delivered at the 1929 International Conference of Jurists in Berlin, this article critically re-examines Pashukanis’ treatment of crime and punishment during the period of...

Affective moralisation is increasingly being used to serve political goals. Since affectively charged moral judgements have the structure of opinion, changes in the free speech environment brought about by the digital cheap speech era must be...

Evil morality is characterized by features that can be understood as variations of hypocrisy. It appears increasingly in societies in which moral agreements have become fragile and potentials for political transformation are no longer in sight.

This paper tries to analyse in detail the positions Kelsen defended in different works about the role of logic in law. It defends two new theses. (i) Contrary to the majority view, it is argued that there is a continuity of the role logic plays in...

The article reconstructs the dysfunctionality of the moral debate and the discourse on identity politics within the political left. It focuses on the problems of criticism as well as on the behavior of the addressed left audience and, within this...

Within the framework of a critical appraisal of Alexander Somek’s Moral als Bosheit, a kind of intersectional struggle that fulfils the criteria of his concept of social justice is to be outlined with the help of critical theory, which aligns with...

Since his 1920s writings, Kelsen called for a permanent court of compulsory jurisdiction capable of resolving international conflicts. It should also be capable of establishing the individual responsibility of the violators of international law and...

Nomodynamic theories use to describe legal systems as simple systems of legal sources and therefore are usually associated to free and creative character of their activity. It’s paradigmatical example of this Kelsen’s theory, according which all...