Tag: Kirkby

JSI Seminar: Natural Law to Natural Rights to Human Rights In-person event **Please note this event date has been moved to one day earlier than originally advertised.** Natural law and natural rights are frequently discussed as if they are tightly connected, and human rights are presented as natural rights in a new label. But the …

Julius Stone Address: Law, Philosophy, and the Susceptible Skins of Living Beings In-person event   Catherine the Great (apparently) wrote to the French philosopher Diderot something along the lines of: “You philosophers are fortunate. You write on paper, and paper is patient. Unfortunate emperor that I am, I write on the susceptible skins of living …

JSI Workshop: Positive Pluralism and its Limits In-person event This project asks how freedom of religion should be construed when applied to religious insular communities whose way of life is often at odds with Western assumptions of a good life. I will argue for protection of distinctive religious communal identities as entities in and of …

JSI Seminar: Social Rights and Proportionality In-person event This seminar outlines a model of proportionality analysis for the adjudication of positive constitutional economic and social rights [hereinafter: social rights]. Three distinctions are the basis of this model: (i) the distinction between empirical and normative aspects of the adjudication of social rights; (ii) between the level …

JSI Seminar: A republican case for regulatory juries In-person event The idea of administrative juries was proposed by David Arkush in 2013, drawing on the republican revival in public-law theory. These proposed juries would make some key policy choices especially underlying delegated lawmaking in the US. The paper challenges some criticisms that have been made …

JSI Seminar: On Constitutional Review In-person event Constitutional review is a continental European instrument of checking the parliamentary legislation for its compliance with the constitution. This practice has a long history traced from ancient Greek democracy to the French and American Revolutions up to the 20th century culminating in Constitutional Courts. The Czechoslovakian experience of …

JSI Seminar | Well-tempered power: ‘A cultural achievement of universal significance’ In-person event According to Laurent Pech, the rule of law was described as a “‘buzzword’ by [Hungary’s] justice minister; a fiction by a Fidesz MP; and a ‘magic word’ by the Fidesz-KDNP Delegation to the European Parliament. Not to be undone, a judge from …

JSI Seminar | Dominium in the Age of Neurotechnologies: Who Is the Subject of Neurorights? In-person event Many scholars expressed concerns about how potential misuse of neurotechnologies may threaten some basic rights such as right to privacy, freedom of thought, freedom from self-incrimination, right to fair trial, prohibition of discrimination, etc. In order to ensure …

JSI Seminar | European Émigré Legal Scholars in Australian Law Schools: Julius Stone’s Circle In-person event During and immediately after World War II, some Australian law schools had the opportunity to rescue European émigré legal scholars fleeing persecution and fascism. Overwhelmingly, Australian universities did not become shelters for refugee intellectuals, despite the extraordinary efforts of …

JSI Seminar | Bringing law back in: Theorizing the role of law in shaping the social reproduction bargain In-person event A rich interdisciplinary feminist project spanning the fields of critical political economy, feminist economics, geography, migration, sociology and social policy has long sought to theorize and make visible the role social of reproduction and reproductive …