RphZ Rechtsphilosophie

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...

This paper challenges the idea of the protection of innocence as a shield against violence. The social, political, and legal treatment of children most clearly articulates how violence and the protection of innocence are but two sides of the same...

The concept of violence is central to contemporary debates, marking legitimacy in social and political contexts. Interdisciplinary disagreements concern its empirical, social, political, theoretical, and epistemic dimensions. The editors introduce...

In this article, I argue that every crisis of democracy should be analyzed as a crisis of the regime of fundamental rights that keeps democracies together and sets them radically apart from all other constitutional regimes. First, it will be...

Legal fictions are usually defined as consciously false assumptions. This definition is suitable for distinguishing fictions from presumptions, but it conceals some important nuances about the role of fictions in a legal system. For this reason,...

The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) is undergoing a process which can be described as “intersectionalization”, in which the CEDAW Committee proliferates a specific interpretation of CEDAW. This...

Foucault has had an enormous impact on social and legal theory. In particular, there is an overwhelming use of Foucauldian concepts in critical theories of rights. This article asks what Foucault’s work and its reception say concerning the...

Generative AI models, notably large language models (LLMs) and text-to-image generators, have gained significant societal attention recently, with increased usage in both private and commercial settings. These models are often trained using data...

The principle of religious and ideological neutrality of the state is used in jurisdiction and legislation as a central constitutional principle to define the limits of religious prac- tice in public office. Particularly in the legal dispute over...

The paper examines the question of how participatory justice can be realized within processes of constitutional change. There are good reasons for understanding constitu- tions as open, unfinished projects. Therefore, no generation that founds a...

We explain the central moral concept of participatory justice and its underlying moral principles. These are manifested in an ideal of inclusion, advocating for equal partici- pation in society, taking into account individuals’ unique...

This text explores the concept of participation rights within constitutional law and jurisprudence, shedding light on terms like “participation rights” and “derivative par- ticipation rights” that are often discussed but not fully...

This paper examines the conceptual confusion of key concepts such as “discrimina- tion”, “disadvantage”, and “inclusion” in philosophy and the social sciences, attributing this to both, the contested nature of these concepts and their...