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  • Mindus, Patricia (författare)
  • Austin and Scandinavian Realism
  • 2013
  • Ingår i: The Legacy of John Austin's Jurisprudence. - : Springer-Verlag New York. ; , s. 73-106
  • Bokkapitel (refereegranskat)abstract
    • The imperative theory of law exemplified in the work of John Austin is the object of much criticism in the movement of Scandinavian legal realism (SLR). The very core notions of command, sovereignty and will are targeted. This paper explores the Scandinavian readings of Austin’s theory, chiefly by reconstructing the main arguments of Axel Hägerström’s criticism of the will-theory and Karl Olivecrona’s reading of the imperative character of law. Special attention is paid to the affinities between the various outlooks and to their core differences. On one hand, strong resemblances can be discovered in the common methodological afflatus and respect for Hume’s principle. On the other hand – apart from contrasting opinions on minor aspects (such as tacit consent grounding custom) – among the unbridgeable divergences mention should be made of the view on morals: Austin embraced a form of cognitivism, while the Scandinavians supported a strict form of non-cognitivism. In order to assess the originality of the Scandinavian attack on the imperative theory of law, the aim of the paper is to test to what extent it stimulated the seminal work on the question of law’s authoritative dimension in SLR.
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  • EU Citizenship: Twenty Years On : Special Issue German Law Journal
  • 2014
  • Samlingsverk (redaktörskap) (refereegranskat)abstract
    • The Maastricht Treaty (the “Treaty”) first introduced the status of EU citizenship. The twentieth anniversary of the signing of the Treaty, marked in 2013, was declared the European Year of the Citizen. Union citizenship has been understood as the world’s first post-national citizenship, although it is still complementary to national citizenships. EU citizens enjoy rights that have been expanded, modified, and reinterpreted in light of the EU integration process. The Court of Justice of the European Union (CJEU) has been a driving force in this process. This twentieth anniversary has provided the occasio for this special issue. Indeed, much has happened over the last two decades. The Maastricht Treaty entered into force on the heels of German reunification, and afterwards, a series of EU treaties followed: The Amsterdam Treaty, the Nice Charter of Fundamental Rights, the aborted constitutionalization process and the Rome Treaty in 2004, and the Treaty of Lisbon. The Euro took over former national currencies in 2002; the enlargement process led to today’s twenty-eight Member States. But the ratio of this special issue is based on other events as linked to the 2008 financial crisis, bailouts, the fiscal compact, and similar measures. In a nutshell, the timeliness of this volume is linked to the current financial disarray. Since prognosis presupposes diagnosis, no further words are necessary as to the importance of this task. It is (almost) self-evident that before taking action and preparing for the future, one needs to address the very first question: Nosce te ipsum...
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  • Mindus, Patricia (författare)
  • Dimensions of Citizenship
  • 2014
  • Ingår i: German Law Journal. - 2071-8322 .- 2071-8322. ; 15:5, s. 735-750
  • Tidskriftsartikel (refereegranskat)abstract
    • The Maastricht Treaty (the “Treaty”) first introduced the status of EU citizenship. The twentieth anniversary of the signing of the Treaty, marked in 2013, was declared the European Year of the Citizen. Union citizenship has been understood as the world’s first post-national citizenship, although it is still complementary to national citizenships. EU citizens enjoy rights that have been expanded, modified, and reinterpreted in light of the EU integration process. The Court of Justice of the European Union (CJEU) has been a driving force in this process. This twentieth anniversary has provided the occasio for this special issue. Indeed, much has happened over the last two decades. The Maastricht Treaty entered into force on the heels of German reunification, and afterwards, a series of EU treaties followed: The Amsterdam Treaty, the Nice Charter of Fundamental Rights, the aborted constitutionalization process and the Rome Treaty in 2004, and the Treaty of Lisbon. The Euro took over former national currencies in 2002; the enlargement process led to today’s twenty-eight Member States. But the ratio of this special issue is based on other events as linked to the 2008 financial crisis, bailouts, the fiscal compact, and similar measures. In a nutshell, the timeliness of this volume is linked to the current financial disarray. Since prognosis presupposes diagnosis, no further words are necessary as to the importance of this task. It is (almost) self-evident that before taking action and preparing for the future, one needs to address the very first question: Nosce te ipsum...
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  • Mindus, Patricia (författare)
  • Realism Today: : On Dagan’s Quest Beyond Cynicism and Romanticism in Law
  • 2015
  • Ingår i: International Journal for the Semiotics of Law. - : Springer Science and Business Media LLC. - 0952-8059 .- 1572-8722. ; 28:2, s. 401-422
  • Tidskriftsartikel (refereegranskat)abstract
    • This paper explores the contribution by the contemporary legal realist Hanoch Dagan. Dagan’s brand of realism defines law on the basis of its institutions or social practices, not of its norms or rules. The paper first provides a critical overview of this realist theory of law: It is not synonymous with the predictive theory of law, with Leiter’s theory of judges, or Frank’s “breakfast theory”. By focusing on the role of judges and the methodology of legal reasoning, we discover that the core difference between realism and positivism lies in the claim that law is affected by a strong form of indeterminacy, stemming from the plurality of legal sources, not from the open texture of legal language as expressed in rules; and we are also able to distinguish this form of realism from contemporary movements in legal theory, such as critical legal studies and law & economics. The normative dimension of realism is also addressed: This theory of law develops a specific concept of justice, on the ground of a cognitivist theory of value.
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  • Mindus, Patricia (författare)
  • What Does E- add to Democracy? : Designing an Agenda for Democracy Theory In the Information Age
  • 2014
  • Ingår i: Transforming Politics and Policy in the Digital Age. - Hershey, PA : IGI Global. - 9781466660380 - 1466660384 - 9781466660397 ; , s. 200-223
  • Bokkapitel (refereegranskat)abstract
    • Technologies carry politics since they embed values. It is therefore surprising that mainstream political and legal theory have taken the issue so lightly. Compared to what has been going on over the past few decades in the other branches of practical thought, namely ethics, economics, and the law, political theory lags behind. Yet the current emphasis on Internet politics that polarizes the apologists holding the Web to overcome the one-to-many architecture of opinion building in traditional representative democracy, and the critics who warn that cyber-optimism entails authoritarian technocracy has acted as a wake up call. This chapter sets the problem, “What is it about ICTs, as opposed to previous technical devices, that impact on politics and determine uncertainty about democratic matters?,” into the broad context of practical philosophy by offering a conceptual map of clusters of micro-problems and concrete examples relating to “e-democracy.” The point is to highlight when and why the hyphen of e-democracy has a conjunctive or a disjunctive function in respect to stocktaking from past experiences and settled democratic theories. The chapter's claim is that there is considerable scope to analyse how and why online politics fail or succeed. The field needs both further empirical and theoretical work.
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  • Public Domain And Democracy in the Digital Age
  • 2016
  • Samlingsverk (redaktörskap) (refereegranskat)abstract
    • To say that a piece of information or a creative work is ‘in the public domain’ implies freedom of access and use. By ensuring the right to information, the public domain is a crucial component of democratic politics – but how this occurs is unclear. What information can be used, by whom and under which circumstances? What information should be used? Our entering the digital age brings these questions to a head: Internet is blurring the distinction between public and private and governments are increasingly being demanded to digitalize and open official archives and develop new business areas such as Public Sector Information (PSI). The papers in this special issue will investigate the largely underexplored connections between information, public domain, democracy and digital technologies from empirical, conceptual and normative perspectives with the goal to renew the debate on the design, governance and justification of the public domain in the digital age.
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  • Mindus, Patricia (författare)
  • À l'origine du non-cognitivisme moderne : Axel Hägerström
  • 2009
  • Ingår i: Analisi e Diritto. - Barcelona : Editorial MARCIAL PONS. - 1126-5779. ; 1, s. 159-176
  • Tidskriftsartikel (refereegranskat)abstract
    • This article on Axel Hägerström’s theory is presented in four sections. First, focus is on his meta-ethics, a perhaps lesser explored, but no less important aspect, which earned him the title of “father of modern non-cognivism”. His inaugural lecture at the Uppsala University, On the Truth of Moral Propositions from 1911 will be examined. Some very hot debates in the thirties and forties originated from this lecture that gave Hägerström his notorious nickname “axiological nihilist”. In section two, I will explain why his position cannot be properly understood as nihilism. This enables us to avoid a common misinterpretation and to illustrate in a more appropriate way Hägerström’s view of Hume’s law. By pointing to the specific features of Hägerström’s theory, the aim in section three is to determine what arguments of his can be considered the first form of modern non-cognitivism, as distinct from both classical moral relativism and Hobbes’ conventionalism. In section four, light is shed on the argumentative strategies used by Hägerström in defending the four meta-ethical theses that make up his “axiological nihilism”. This exposition enables further critical assessment on where to locate Hägerström in the contemporary debate on entanglement.
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  • Mindus, Patricia (författare)
  • A Real Mind : The Life and Work of Axel Hägerström
  • 2009
  • Bok (refereegranskat)abstract
    • This comprehensive presentation of Axel Hägerström (1868-1939) fills a void in nearly a century of literature, providing both the legal and political scholar and the non-expert reader with a proper introduction to the father of Scandinavian realism. Based on his complete work, including unpublished material and personal correspondence selected exclusively from the Uppsala archives, A Real Mind follows the chronological evolution of Hägerström’s intellectual enterprise and offers a full account of his thought. The book summarizes Hägerström’s main arguments while enabling further critical assessment, and tries to answer such questions as: If norms are neither true nor false, how can they be adequately understood on the basis of Hägerström’s theory of knowledge? Did the founder of the Uppsala school uphold emotivism in moral philosophy? What consequences does such a standpoint have in practical philosophy? Is he really the inspiration behind Scandinavian state absolutism? A Real Mind places the complex web of issues addressed by Hägerström within the broader context of 20th century philosophy, stretching from epistemology to ethics. His philosophy of law is examined in the core chapters of the book, with emphasis on the will-theory and the relation between law and power. The narrative is peppered with vignettes from Hägerström’s life, giving an insightful and highly readable portrayal of a thinker who put his imprint on legal theory. The appendix provides a selected bibliography and a brief synopsis of the major events in his life, both private and intellectual. "The work offers an excellent reconstruction of Hägerström’s work and life, and presents his personal and intellectual evolution balancing perfectly the chronological and the systematic dimensions."Liborio L. Hierro, Professor of Jurisprudence, Faculty of Law, Universidad Autónoma de Madrid, Spain "The book is excellently-sourced, always well-argued, and makes a case for a revival of interest in Hägerström. I believe this to be important. Hägerström is relevant, insightful and interesting."Michael Freeman, LLM, Barrister, Professor of English Law, Faculty of Laws, University College London, United Kingdom
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