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Princeton University Press (1)
Latin American Cultural Anthropology (1)
EU Law (1)
Intellectual Property, IT, and Media Law (1)
Open Section Philosophy (2)
How to Do Things with International Law
Ian Hurd
in How to Do Things with International Law
10.23943/princeton/9780691196503.003.0003
This chapter presents an account of the international rule of law that reflects the particular dynamics of international politics, drawing on legal realism and practice theory in international ... More
This chapter presents an account of the international rule of law that reflects the particular dynamics of international politics, drawing on legal realism and practice theory in international relations (IR). On this reading, the international rule of law is a social practice that states and others engage in when they provide legal reasons and justifications for their actions. The goal may be either political legitimation for oneself or delegitimation of adversaries. This sort of use of international law both relies on and reinforces the idea that states should act lawfully rather than unlawfully. The priority of lawfulness is taken for granted. The chapter then outlines an approach which helps to make sense of international law's contribution to contemporary disputes and crises.Less
This chapter presents an account of the international rule of law that reflects the particular dynamics of international politics, drawing on legal realism and practice theory in international relations (IR). On this reading, the international rule of law is a social practice that states and others engage in when they provide legal reasons and justifications for their actions. The goal may be either political legitimation for oneself or delegitimation of adversaries. This sort of use of international law both relies on and reinforces the idea that states should act lawfully rather than unlawfully. The priority of lawfulness is taken for granted. The chapter then outlines an approach which helps to make sense of international law's contribution to contemporary disputes and crises.
Keywords: international rule of law, international politics, legal realism, practice theory, international relations, political legitimation, political delegitimation, international law, lawfulness
Project Siegfried
Philip Kitcher and Richard Schacht
in Finding an Ending: Reflections on Wagner's Ring
Music, Opera
Before Siegfried was able to declare his independence from following Wotan's biddings and before the Wanderer pushes through with the final exit from the worldly concerns, Wotan first admits his ... More
Before Siegfried was able to declare his independence from following Wotan's biddings and before the Wanderer pushes through with the final exit from the worldly concerns, Wotan first admits his acceptance toward the end of the order of the gods to Erda. With this statement, Wotan discards his attempt at establishing an order through a system of contracts and laws. How Wotan challenges his original supposition that entails how only the rule of law could administer order towards a more meaningful life began with his reliance on Erda's advice, was reinforced in Siegmund's training, and was actually carried out by the end of Walküre. Although Project Siegmund attempted to establish a rule of law that would have complied with Wotan's initial framing judgment, this chapter presents how Project Siegmund would call for the rejection of his prior fixation with lawfulness.Less
Philip KitcherRichard Schacht
Before Siegfried was able to declare his independence from following Wotan's biddings and before the Wanderer pushes through with the final exit from the worldly concerns, Wotan first admits his acceptance toward the end of the order of the gods to Erda. With this statement, Wotan discards his attempt at establishing an order through a system of contracts and laws. How Wotan challenges his original supposition that entails how only the rule of law could administer order towards a more meaningful life began with his reliance on Erda's advice, was reinforced in Siegmund's training, and was actually carried out by the end of Walküre. Although Project Siegmund attempted to establish a rule of law that would have complied with Wotan's initial framing judgment, this chapter presents how Project Siegmund would call for the rejection of his prior fixation with lawfulness.
Keywords: Siegfried, Erda, Wotan, Project Siegmund, lawfulness, rule of law
The Visa Interview
Rihan Yeh
in Passing: Two Publics in a Mexican Border City
Anthropology, Latin American Cultural Anthropology
This short section explores as a rite of passage the consular interview for the US visa most common in Tijuana. Whether the interview effectively inducts the applicant into the ranks of Tijuana's ... More
This short section explores as a rite of passage the consular interview for the US visa most common in Tijuana. Whether the interview effectively inducts the applicant into the ranks of Tijuana's middle class depends, however, on the lawfulness with which he or she approaches it: overly blatant efforts to pass end up undoing the rite's consolidation of identity.Less
This short section explores as a rite of passage the consular interview for the US visa most common in Tijuana. Whether the interview effectively inducts the applicant into the ranks of Tijuana's middle class depends, however, on the lawfulness with which he or she approaches it: overly blatant efforts to pass end up undoing the rite's consolidation of identity.
Keywords: visa interview, rite of passage, middle class, lawfulness, identity
What Is it to Be Objectively Physical?
Ted Honderich
in Actual Consciousness
Philosophy, Philosophy of Mind
There are different kinds of definitions. We need one of objective physicality, the dominant understanding of the physical in science and philosophy, that is not persuasive, prescriptive, purposive, ... More
There are different kinds of definitions. We need one of objective physicality, the dominant understanding of the physical in science and philosophy, that is not persuasive, prescriptive, purposive, preoccupied, or otherwise attitudinal. A clarifying and explicit definition has two parts. (1) What is objectively physical has physical characteristics, having to do with science's inventory, scientific method, space and time, particular lawful connections, categorial lawful connections, ordinary or macrocosmic physical things being perceived, microcosmic and other things related to them, ordinary things being in points of view, resulting differences, primary and secondary properties. (2) As for objective characteristics, these have to do with separateness from consciousness, not being private, not being in anyone's privileged access, related in a way to truth and logic, scientific method again, no inconsistent metaphysical selves, hesitation about consciousness in the primary ordinary sense having all the above characteristics of the objectively physical.Less
There are different kinds of definitions. We need one of objective physicality, the dominant understanding of the physical in science and philosophy, that is not persuasive, prescriptive, purposive, preoccupied, or otherwise attitudinal. A clarifying and explicit definition has two parts. (1) What is objectively physical has physical characteristics, having to do with science's inventory, scientific method, space and time, particular lawful connections, categorial lawful connections, ordinary or macrocosmic physical things being perceived, microcosmic and other things related to them, ordinary things being in points of view, resulting differences, primary and secondary properties. (2) As for objective characteristics, these have to do with separateness from consciousness, not being private, not being in anyone's privileged access, related in a way to truth and logic, scientific method again, no inconsistent metaphysical selves, hesitation about consciousness in the primary ordinary sense having all the above characteristics of the objectively physical.
Keywords: physicality, objective physical world, physicality and science, space and time, lawfulness, consciousness as separate, privileged access
Conditions of the Right to Erasure
Jef Ausloos
in The Right to Erasure in EU Data Protection Law
Law, Intellectual Property, IT, and Media Law, EU Law
This chapter zooms in on Article 17 GDPR, on the right to erasure ('right to be forgotten'). It meticulously dissects the three paragraphs of this provision. The first paragraph lists six ... More
This chapter zooms in on Article 17 GDPR, on the right to erasure ('right to be forgotten'). It meticulously dissects the three paragraphs of this provision. The first paragraph lists six rights-to-erasure triggers which can be summarized as: (a) purpose expiration; (b) withdrawal of consent; (c) right to object; (d) unlawful processing; (e) legal obligation; and (f) withdrawal of consent by minors in the online environment. The second paragraph comprises an odd extension of the right to erasure, enabling data subjects to request that controllers who have made the personal data public, communicate potential erasure to anyone else processing that same personal data. The third paragraph lists five exemptions to the right to erasure, summarized as: (a) freedom of expression and information; (b) legal obligation or task carried out in the public interest or official authority; (c) public interest in the area of public health; (d) public interest archiving, scientific and historical research, or statistical purposes; and (e) legal claims. What becomes clear right away is how both the right-to-erasure's triggers and exemptions all refer to other legal provisions in and outside the GDPR. As such, the right to erasure can be seen as a central hub in the GDPR, bringing together key data protection principles from the perspective of data subject empowerment.Less
This chapter zooms in on Article 17 GDPR, on the right to erasure ('right to be forgotten'). It meticulously dissects the three paragraphs of this provision. The first paragraph lists six rights-to-erasure triggers which can be summarized as: (a) purpose expiration; (b) withdrawal of consent; (c) right to object; (d) unlawful processing; (e) legal obligation; and (f) withdrawal of consent by minors in the online environment. The second paragraph comprises an odd extension of the right to erasure, enabling data subjects to request that controllers who have made the personal data public, communicate potential erasure to anyone else processing that same personal data. The third paragraph lists five exemptions to the right to erasure, summarized as: (a) freedom of expression and information; (b) legal obligation or task carried out in the public interest or official authority; (c) public interest in the area of public health; (d) public interest archiving, scientific and historical research, or statistical purposes; and (e) legal claims. What becomes clear right away is how both the right-to-erasure's triggers and exemptions all refer to other legal provisions in and outside the GDPR. As such, the right to erasure can be seen as a central hub in the GDPR, bringing together key data protection principles from the perspective of data subject empowerment.
Keywords: right to erasure, purpose limitation, consent, right to object, lawfulness, minors, right to be forgotten, freedom of expression, public interest, granularity
Reforming the Law of Humanitarian Intervention
Allen Buchanan
in Institutionalizing the Just War
Philosophy, Moral Philosophy
This chapter examines key relationships between law, morality, and morally progressive changes in the law. It first documents that in some important cases improvements in international law have come ... More
This chapter examines key relationships between law, morality, and morally progressive changes in the law. It first documents that in some important cases improvements in international law have come about through processes that involved the violation of existing international law. Then it makes the case that illegal acts can be morally permissible if they are credibly directed toward significant improvement in the law and if they are undertaken in a way that exhibits a public commitment to lawfulness. The 1999 NATO intervention in Serbia for the sake of protecting ethnic Albanians in Kosovo is employed as a concrete example to illustrate the issues and distinctions.Less
This chapter examines key relationships between law, morality, and morally progressive changes in the law. It first documents that in some important cases improvements in international law have come about through processes that involved the violation of existing international law. Then it makes the case that illegal acts can be morally permissible if they are credibly directed toward significant improvement in the law and if they are undertaken in a way that exhibits a public commitment to lawfulness. The 1999 NATO intervention in Serbia for the sake of protecting ethnic Albanians in Kosovo is employed as a concrete example to illustrate the issues and distinctions.
Keywords: lawfulness, legality, Nuremburg, interdiction of the trans-Atlantic slave trade, Kosovo, NATO