RphZ Rechtsphilosophie

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...