RphZ Rechtsphilosophie

Die Schwierigkeit bei Sammelbänden besteht oftmals darin, ihnen eine gemeinsame Absicht zu entnehmen. Was sich für den Verfasser als Oeuvre darstellt, ist für den Leser vielfach nur eine Aneinanderreihung von Texten aus verschiedenen Epochen....

Quotas for structurally disadvantaged groups have been discussed for around fifty years. The article analyzes the development and changes in this discussion. Even though a material understanding of equality has replaced a formal concept of equality...

Legal gender studies, as the area of legal scholarship specialized in the study of law, gender and sexuality, have a lot to offer to the field of family law. The article identifies three key contributions that legal gender studies make to the...

It has become quite common within the field of Legal Gender Studies to take intersectionality into account. Applying an intersectional approach does not only entail a proliferation of relevant categories of analysis, but implies a relational line of...

The article explores the concept of collective autonomy, which is central to labor law, through the lens of Otto Kahn-Freund’s work on workers’ collective organization. It examines how insights from intersectional legal gender studies enrich...

In many areas of legal scholarship, the long cherished standard of objectivity, crudely juxtaposed to subjectivity, has become contested. The article advances positionality as a concept between objectivity and subjectivity. Positionality upholds the...

This study traces the astonishing – from today’s point of view – promptness or carelessness with which violent legal institutions, in particular slavery and cruel punishment, were accepted or even approved in Ancient philosophy. The basic...

This article examines the topic of anorexia in young women and their coercive treatment from the perspective of legal gender studies, beginning with a literary account of their experiences that invites dialogue. Legal gender studies offer critical...

As Aristotle stated in Book IV of the Metaphysics – that being is said in many ways – the same can be said of responsibility, a multifaceted concept that takes on different meanings depending on the context in which it is examined, evolving...

The challenge that legal responsibility currently faces in the face of neuroscientific findings has often been framed in the context of the free will debate. Free will has been seen as the philosophical basis of both moral and legal responsibility....

Recent immigration debates bring to the surface a peculiar argument about regulating immigration: Sovereign states may prevent immigrants from entering the country, because they have a right to exclude foreigners from their territory, much like...

The article challenges the traditional private law doctrine that exclusively attributes responsibility to human actors and advocates for a deanthropocentric framework of attribution and responsibility. It argues that private law constructs – such...

Carrying out professional activities, individuals and companies can – typically without the purpose to – contribute to crimes and human rights violations. Originating in German Criminal Law, the term “neutral acts” emphasizes the normal...

Does the issue of responsibility arise in cases of “oppressive coercion”, where the coercive threat builds on an oppressive normative practice or social schema? In contrast to widespread views, I argue (i) that oppression is not an exculpatory...

The essay concerns the theory of penal functionalism and in particular the Hegelian roots of the theory of intention developed by Günther Jakobs and recently analyzed in Kritik des Vorsatzbegriffs (2020). In particular, the author highlights the...

This paper challenges the assumption that contract law operates as a neutral framework for determining contractual meaning in a context of cultural diversity, arguing instead that it systematically reflects and reinforces dominant cultural...

Violence is not an isolated event. It is an event that can only be identified as violence within the framework of an interpretive order. Only by understanding the discursive rules and moral norms of a context can we speak meaningfully about...

This article elaborates on how structural vulnerabilities can emerge in an institutional context. Looking at the structural violence-vulnerability nexus, we argue that there are vulnerant factors that constitute the link between a violent context...

I discuss Article 2(4) of the UN Charter on the prohibition on the threat or use of force in the light of cyber-attacks and cyberwarfare. The article highlights that States could skirt this rule by employing so called cyber proxies who are not only...

Butler’s concept of nonviolence aims at questioning narratives that validate violence. In this paper, I evaluate the efficacy of her analysis by examining the most cogent instance of violence justification, i. e., the institution of self-defense....

In digital protest, leaking and doxing differ fundamentally in their ethical implications as acts of civil disobedience. Leaking – defined as the careful, unauthorized release of confidential information – can be seen as a justified, non-violent...