FID Recht - 340 - Recht

The impact of European copyright legislation on digital preservation activity: lessons learned from legal studies commissioned by the KEEP project

2026-10-16T03:20:21+00:00

Trading the past: material culture of Long Kesh/Maze, Northern Ireland

2026-10-16T03:20:21+00:00

Long Kesh/Maze, once Northern Ireland's largest prison, is one of its most important sites of conflict. Since closure in 2000, its demolition and development has been contested. Its material culture, the remaining architecture as well as the artefacts that belonged to either prisoners or prison officers, are implicated in the processes of remembering or forgetting violence and defining perpetrators and victims of conflict. The traces of the prison feature in the hesitant process of conflict-resolution (...)

Translating human rights principles into classroom practices:inequities in educating about human rights

2026-10-16T03:20:21+00:00

The overarching aim of this paper is to explore how key principles inherent in human rights declarations and conventions ar etranslated into practices associated with human rights educationwithin school contexts. It is argued that this translation from discourse to practice opens up the potential for children and youn gpeople to encounter inequitable experiences of human rights education, and that this is an ethical issue that needs addressing. Within the paper, human rights education relates to (...)

15 Years of Whistleblowing Protection under the Public Interest Disclosure Act 1998: Are We Still Shooting the Messenger?

2026-10-16T03:20:22+00:00

In the wake of high-profile scandals such as the catastrophic failings of the MidStaffordshire National Health Service Trust, this article contributes to the debate on the role of the Public Interest Disclosure Act 1998 (PIDA), now 15years in force, in promoting increased transparency in the workplace. The article briefly discusses legal protection for whistleblowers prior to the PIDA before proceeding to evaluate the development of the provisions through judicial decisions. The article considers (...)

A Study into Situated Learning through Community Legal Companionship

2026-10-16T03:20:22+00:00

Against the background of the current graduate skills agenda and its considered importance in relation to a UK law degree, this article considers the value of the CLOCK Community Legal Companion scheme, a collaborative social justice project involving law students, legal services providers, third sector advice agencies and law courts based in two areas of the country namely; Canterbury and Brighton. In recent years, the UK Government has significantly cut civil legal aid in areas such as housing, (...)

Criminal cases review commission:legal aid and legal representatives. Stage 4 data analysis – final report

2026-10-16T03:20:22+00:00

The limits of legislative change:Moving beyond inclusion/exclusion to create 'a life worth living'

2026-10-16T03:20:22+00:00

While the spatializations of social exclusion have long been critically assessed, legislative responses to these exclusions have also been found to be limited. Addressing the exclusions of Lesbian, Gay, Bi, Trans* and Queer people, social inclusions in the form of equalities legislations have been used as a marker of ‘progress’ and development, creating neo-colonial geographic comparisons between the legal and policy regimes of different contexts. Taking a decolonial optic, this paper shows that (...)

The social and the subjective:defining disablement at the birth of the Disabled People’s Movement in Britain

2026-10-16T03:20:22+00:00

Recent activist memoirs and archival work has begun to challenge our understanding of the historical Disabled People’s Movement in Britain; recentring the voices of self organised groups of activists in its strategic and analytic development. This article takes advantage of the results of this work to explore the emergence of a social definition of disability during the formation of the Union of the Physically Impaired Against Segregation (UPIAS); the first national organisation of disabled people (...)

A Cosmopolitan Ethos for our Future Lawyers

2026-10-16T03:20:21+00:00

This article advocates the strengthening of the spirit of cosmopolitanism in modern legal education. In contrast to the epistemic environment of predominantly domestic and nation-oriented discourses across law schools and faculties around the world, the analysis proceeds with a number of propositions as to what ought to be done to improve legal education, especially at first-degree level. Relevant propositions are set out under a proposed cosmopolitan ethos for law. Recognition is given to current (...)

A critical evaluation of the potential benefits of legally enacting a Nature’s Rights Bill in the UK:How granting legal personhood to nature could provide a useful framework for environmental (...)

2026-10-16T03:20:21+00:00

The paper outlines the key theoretical debates around anthropocentrism, environmental justice and legal ontology as a grounding to the discussion around the Rights of Nature. It examines comparative international case studies of RoN and consider key UK environmental legislation. Through this analysis, it assesses the feasibility and implications of enacting a UK Nature’s Rights Bill for environmental governance and biodiversity protection.

Acting on equalities: are local authorities in England meeting the duties of the Equality Act 2010 and addressing sexual orientation & gender identity?

2026-10-16T03:20:21+00:00

This report describes how local authorities are implementing the Equality Act 2010, specifically the setting of Equality Objectives and publishing details of compliance in relation to lesbian, gay, bisexual and trans (LGBT) people. Examining information from local authorities about their equalities work offers insight into whether, and how, national statutes are being enacted at a local level. This report aims to inform ongoing debates regarding the practice of equalities.In this report we: * describe (...)

All-or-Nothing:Mental Capacity, Autonomy and Consent

2026-10-16T03:20:21+00:00

This paper is concerned with the role of ‘Capacity’ as a conceptual basis for the law’s understanding and treatment of individuals with mental health concerns and mental disabilities. Focusing on the binary nature of the Capacity paradigm under the Mental Capacity Act 2005, it seeks to argue in favour of a more nuanced understanding of and response to circumstances of incapacity and partial capacity. Drawing on Martha Fineman’s and Alan Gewirth’s conceptions of Vulnerability, the Social Model of (...)

Exploring corporate social responsibility (CSR) from a law jobs perspective

2026-10-16T03:20:21+00:00

A substantial amount of Corporate Social Responsibility (CSR) definitions appear to exclude law by the use of phrases such as: 'beyond the legal requirements', 'voluntary' or that which is required by law'. This indicates that the role of law within CSR is at the very least contested. Yet it is accepted that CSR in general deals with various issues arising from the relationship between business corporations and society and law is a fundamental aspect of such relationship. Law can be perceived in (...)

Financial provision following divorce: Revisiting the amtrimonial causes act 1973 in light of Wyatt v Vince

2026-10-16T03:20:21+00:00

Students new to family law are likely to find that a significant portion of the syllabus focuses on the Matrimonial Causes Act 1973 (MCA). Part I is primarily concerned with divorce and nullity and Part II with financial provision on breakdown of a marriage1 and it is the latter which this article will consider. By way of overview for students new to the subject the law does not normally intervene in respect of how money and property are distributed amongst family members. Ownership of family property (...)

Is the net of corporate criminal liability under the Corporate Homicide and Corporate Manslaughter Act 2007 expanding?

2026-10-16T03:20:21+00:00

When the offence of statutory corporate manslaughter was introduced, it was widely anticipated that the net of corporate criminal liability would be spread more widely. This paper considers the developments in the field in the eight years since the CMCHA 2007 was enacted in order to assess to what extent these expectations have been met.

Law’s Autonomy and Moral Reason

2026-10-16T03:20:21+00:00

This paper intends to set out an argument to Legal Idealism and a thesis which holds that law and morality are necessarily connected. My focus is on deconstructing the Positivist argument to the Autonomy Thesis and beginning to reconstruct it through the application of morality to law’s autonomous authority. My aim, ultimately, is to demonstrate how, through the concept of law, practical reason might explain the related (and overlapping) notions of legitimacy, authority and the obligation to obey (...)

Radicalisation of children: wardship - an old measure to tackle a very new problem

2026-10-16T03:20:21+00:00

Arguably for many 2015 was the year when the tragic events in Syria became a very real home crisis too, particularly with the Charlie Hebdo massacre; the beach killings in Tunisia; the bombing of the Russian airliner from Sharm el Sheikh; the Paris atrocities and the ongoing refugee crisis.1 Alongside this the CCTV footage of three London schoolgirls at Gatwick airport thought to be en route to Syria to join the so-called Islamic State terrorist group was a shocking depiction of an increasing threat (...)

Risk and benefits in lifestyle sports:parkour, law and social value

2026-10-16T03:20:21+00:00

This paper examines the interrelationship between law and lifestyle sports, viewed through the lens of parkour. We argue that the literature relating to legal approaches to lifestyle sport is currently underdeveloped. Law is viewed as a largely negative presence, seen particularly in terms of the ways in which counter-cultural activities are policed and regulated, where such activities are perceived to be transgressive and undesirable. We argue that this is a somewhat unsophisticated take on how (...)

Schooled in democracy? Promoting democratic values as a whole-school approach to violence prevention

2026-10-16T03:20:21+00:00

This article discusses a Europe-wide project that aimed to promote Safer Schools through utilising a Charter of ‘democratic principles’. This included the non-violent resolution of conflicts and the right to equal treatment and respect. The first part of this article discusses the empirical findings from original research conducted with five London schools (and their local partners) who participated in this project. It was found that most participants were positive about the project’s potential, (...)

ADR and Workplace Conflict:a French and British Perspective with Duncan Bagshaw

2026-10-16T03:20:22+00:00

I was thrilled to welcome Duncan Bagshaw to Episode 30 of the @ExpertViewsonADRvidpodcastshow . He is a #barrister and a partner with Howard Kennedy, a prestigious London-based full-service Law firm. Duncan is a highly experienced lawyer who advises on large international disputes in #arbitration and #litigation proceedings. He handles cases from all over the #world and has particular experience in Africa, having lived and worked in the region and handled many disputes arising from #african projects. (...)

Appropriate Dispute Resolution in Comparative Perspectives:Nigeria, the UK and the US

2026-10-16T03:20:22+00:00

The book provides a snapshot of the different forms of Appropriate Dispute Resolution in the US, UK and Nigeria by taking stocks through the author's Podcast -Expert Views on ADR (EVA) Vid/Podcast Show. It lays a detailed introduction to the history of ADR and their benefits. Offers a contemporary, up-to-date perspective on how far ADR has enhanced Access to Justice in the UK, Nigeria, and the US. It also critically examines the use of Restorative Justice disputes or conflicts, Online Dispute Resolution, (...)

Statistics on Race and the Criminal Justice System: A Ministry of Justice Publication under Section 95 of the Criminal Justice Act 1991

2026-10-16T03:20:22+00:00

This publication compiles statistics from data sources across the Criminal Justice System to provide a combined perspective on the typical experiences of different ethnic groups.

The Idea of Legal Convergence and Electronic Law

2026-10-16T03:20:22+00:00

The paper commences by expounding the leading thesis in the discipline of law: the law convergence thesis. Thereafter, against this background, the paper examines the diversification of electronic laws in the area of private law from a number of jurisdictions and regions by taking a macro-comparative approach. It seeks to question such diversification in the face of globalisation and in the face of a world that operates in a number of different legal regimes when it comes to electronic law matters. (...)

Until negative stereotypes are addressed, Roma will continue to be the most marginalised minority group in Europe

2026-10-16T03:20:22+00:00

The forced closure of Roma camps in France has recently attracted criticism from UN Human Rights Commissioner Navi Pillay. Aidan McGarry assesses some of the main issues facing Roma in Europe, arguing that Roma are often seen and treated not just as a problem community, but as a problem in their own right. Any solution must be focused on challenging negative stereotypes and facilitating respect between Roma and the wider communities within European states.

Black Atlantic Maritime Networks, resistance and the American 'domestic' slave trade

2026-10-16T03:20:21+00:00

This article contributes to the history of Atlantic maritime radicalism during the Age of Revolution by examining the formation and operation of maritime networks of resistance and solidarity in the context of the coastwise United States. ‘domestic’ slave trade. After 1807, the seas along the Atlantic seaboard and into the Gulf of Mexico were enclosed for the purposes of legally trans-shipping enslaved peoples from the Chesapeake to the antebellum slave markets. The Florida Straits – a densely trafficked (...)

Black in mourning

2026-10-16T03:20:21+00:00

In the twenty-first century, when family funerals are private and black is worn as a fashion color, it is rarely possible to recognize that a person is in mourning. But in the past, family bereavement involved a series of highly visible public rituals. The use of mourning ceremonial and dress was originally a privilege of the royal courts of Europe from the Middle Ages and was regulated by court protocol through sumptuary laws. Over a period of five hundred years, however, the use of mourning dress (...)

Law, Moral Rationality and Ideals:Modifying the Principle of Generic Consistency to Define Legal ‘Ideals’ as Part of Transparent Autonomy

2026-10-16T03:20:21+00:00

Olsen and Toddington argue that there is a logical connection between law and moral rationality - against the Positivist claim to autonomy (from morality) in legal systems – , as the justificatory basis for the law’s continued legitimacy rests upon the transparency of autonomy. Although they effectively demonstrate that such a connection exists, we lack a concise explanation of how that connection might validly operate. This paper seeks not only to demonstrate that a necessary connection between (...)

Pursuing family justice before, during, and after the COVID-19 pandemic:the changing role of Legal Companions and the new invisibility of unmet legal need

2026-10-16T03:20:21+00:00

This article provides three snapshots of family justice – pre-pandemic, during national lockdown, and as England settled into a ‘new normal’ of hybrid justice processes. It does so by drawing upon focus group discussions with Legal Companions working in the Family Court, who support litigants in person in the manner of McKenzie Friends. This research points to the interacting influences of policy reform and pandemic management, such that the emergency measures introduced by the latter entrenched (...)

Reflexive Law and Section 172 Reporting:Evolution of Social Responsibility Within Company Law Limits?

2026-10-16T03:20:21+00:00

This article examines whether the evolution of company narrative reporting based on section 172 UK Companies Act 2006 can be characterised as reflexive law, which preserves the balance between utilitarian company law shareholder value approach and the corporate responsibility demands by society; thereby mediating between semi-autonomous sub-systems of company law and social responsibility. It discovers an evolving process in company law, which has some indications of reflexive law and governance (...)

Stripped of Recognition:Strip Searching Practices Following the UK Supreme Court’s Definition of ‘Woman’ as Biological

2026-10-16T03:20:21+00:00

Torture

2026-10-16T03:20:21+00:00

I focus on the “ticking bomb” scenario as both creation and furtherance of the fantasy of “interrogational torture”, itself a response to the September 2001 attacks. I do so, first, to dispose of its purported justifications and thus of torture’s least implausible defence; and, second, to help stimulate a similar approach to the phenomenon of “terrorism”. Hence the structure of this chapter: what torture is; the “ticking bomb” fantasy and its consequences; some examples of the careless thinking that (...)

Very young offenders and the criminal justice system: are we asking the right questions?

2026-10-16T03:20:21+00:00

‘Children are travellers newly arrived in a strange country, of which they know nothing’ This article considers the current problematic status of very young offenders in the English youth justice system. There has been much debate about the impact of the James Bulger case on youth justice, but this frequently centres on legal discussion about the age of criminal responsibility, or the more punitive societal and media calls for retribution. This paper seeks to move the debate forward by approaching (...)

When Humans Become Migrants:Study of the European Court of Human Rights with an Inter-American Counterpoint

2026-10-16T03:20:21+00:00

This book examines the opposing ways in which the European Court of Human Rights and the Inter-American Court of Human Rights treat claims lodged by migrants. It combines legal, sociological, and historical analysis to show that the two courts were the product of different backgrounds, which led to differing attitudes to migrants in their founding texts, and that these differences were reinforced in their developing case law. The book assesses the case law of both courts in detail to argue that they (...)

Swift, A. How not to be a hypocrite: School choice for the morally perplexed parent

2026-10-16T03:16:59+00:00

SWIFT, A. How Not to be a Hypocrite: School Choice for the Morally Perplexed Parent. Routledge, 2003, 208 s.

A Data Scope Management Service to Support Privacy by Design and GDPR Compliance

2026-10-16T03:20:22+00:00

In order to empower user data protection and user rights, the European General Data Protection Regulation (GDPR) has been enforced. On the positive side, the user is obtaining advantages from GDPR. However, organisations are facing many difficulties in interpreting GDPR, and to properly applying it, and, in the meanwhile, due to their lack of compliance, many organisations are receiving huge fines from authorities. An important challenge is compliance with the Privacy by Design and by default (PbD) (...)

Anna Szajkowska. Regulating food law: risk analysis and the precautionary principle as general principles of EU food law

2026-10-16T03:20:22+00:00

Book Review of 'Geschlecht III:Sex, Race, Nation, Humanity by Jacques Derrida. Edited by Geoffrey Bennington, Katie Chenoweth, and Rodrigo Therezo. Translated by Katie Chenoweth and (...)

2026-10-16T03:20:22+00:00

First generation immigrant judgements of offence seriousness:evidence from the crime survey for England and Wales

2026-10-16T03:20:22+00:00

This exploratory paper delves into differences and similarities in the rated seriousness of offences suffered by victims of different national origin. The issue is important because a mismatch between police and victim assessments of seriousness is likely to fuel discord. It was found that first generation immigrants did not differ in their rating of the seriousness of offences against the person from either the indigenous population or according to region of birth. However those of Asian origin (...)

Infants' Contracts:Law and Policy in the 18th and 19th Centuries

2026-10-16T03:20:22+00:00

Under English law, prior to 1970 young people up to the age of 21 lacked the capacity to make binding contracts, subject to certain exceptions. The report of the Latey Committee on the Age of Majority, which had recommended a reduction to age 18, was one-sided and, so far as capacity to make contracts was concerned, offered scant evidence as to the motivations of the existing law. The Committee heard evidence from the Church asserting, with no evidence, that such rules were intended to control young (...)

RMT v United Kingdom [2014]:The European Court of Human Rights intimidated into timidity or merely consistent in its inconsistency?

2026-10-16T03:20:22+00:00

This article examines the European Court of Human Rights’ decision in RMT v United Kingdom1 on the compatibility of the industrial action balloting regulations and the restrictions on secondary industrial action with art.11 of the European Convention. This analysis is undertaken in the context of the Court’s inconsistent and contradictory analysis of relevant Strasbourg jurisprudence and established doctrines, including the “margin of appreciation” and “living instrument” principles. The Court’s (...)

The Corporate Manslaughter and Corporate Homicide Act 2007 and Human Rights, Part II::has universal legal protection of the right to life been advanced in a custodial setting?

2026-10-16T03:20:22+00:00

Part I of the paper considered whether the Corporate Manslaughter and Corporate Homicide Act 2007 (CMCHA) has served as a vehicle for the government to comply with its duties under the Human Rights Act 1998 and the European Convention on Human Rights 1950, or whether the reservations expressed at the time have proved to be well founded. Part II will focus on the provisions relating to deaths in custody and assess to what extent the Act has acted as a means for protecting vulnerable detainees and (...)

Toward a Critique of Neo-Republican Reason:The Subject, Discursive Control, and Power in Pettit’s Political Theory

2026-10-16T03:20:22+00:00

This article examines the concept of ‘discursive control’ as a feature of the personality of the subject of non-domination as it appears within Pettit’s theory of politics and practical reasoning. It explores how the subject of non-domination, in possession of ‘discursive control,’ is enveloped within neo-republican proprietary order and thus constituted through, and constrained by, relations of power and violence. Such relations of power take the form of structures of raciality and gender that haunt (...)

Transformation in realising women’s land rights and access to justice: lessons from the law in action in Tanzania

2026-10-16T03:20:22+00:00

Women’s land rights have been part of land law reform agendas taking place across Africa since the 1990s. In 1999 Tanzania was at the forefront, enshrining women’s equal rights to land in the country’s Land Acts. Yet how effective has the legislation been for women who claim a right to land in practice? Is an individual able to access justice effectively through the legal system? This paper examines the transformative possibilities and limits of Tanzania’s land law reforms, both within and beyond (...)

Using artificial intelligence to support compliance with the general data protection regulation

2026-10-16T03:20:22+00:00

The General Data Protection Regulation (GDPR) is a European Union regulation that will replace the existing Data Protection Directive on 25 May 2018. The most significant change is a huge increase in the maximum fine that can be levied for breaches of the regulation. Yet fewer than half of UK companies are fully aware of GDPR – and a number of those who were preparing for it stopped doing so when the Brexit vote was announced. A last-minute rush to become compliant is therefore expected, and numerous (...)

‘Inherent vice’:marine insurance, slave ship rebellion and the law

2026-10-16T03:20:22+00:00

Reparations activism has forced many large multinational insurance corporations to disclose their early profiteering from underwriting slavery and the slave trade. This paper further contributes to the reparative project of tracing slavery’s occluded legacies by analyzing aspects of the development of British, French and American marine insurance law in response to shipboard rebellion in the transatlantic slave trade, and the American ‘domestic’ maritime slave trade. It explores the ways in which (...)

"Splendid Failures":Inclination, Slow Regicide, and Performative Critique

2026-10-16T03:20:21+00:00

This paper focuses on Honig’s critical reworking of the concept of inclination and her concept of “slow regicide”. With “slow regicide” Honig describes a performative critique of the violence of the patriarchal order. However, what Honig underestimates, I argue, is that this intervention must itself be non-violent if it is not to reinstate patriarchal violence. My suggestion is that paying closer attention to the performativity of inclination shows how “slow regicide” enables a non-violent refusal (...)

All-or-Nothing:Capacity, Vulnerability and Autonomy

2026-10-16T03:20:21+00:00

Corporate governance beyond convergence? A comparative analysis in the light of the global credit crunch

2026-10-16T03:20:21+00:00

Interrogation, intelligence and ill-treatment: lessons from Northern Ireland, 1971-72

2026-10-16T03:20:21+00:00

In 2008, Samantha Newbery, then a PhD student, discovered a hitherto confidential document: ‘Confidential: UK Eyes Only. Annex A: Intelligence gained from interrogations in Northern Ireland’ (DEFE 13/958, The National Archives (TNA)). It details the British Army’s notorious interrogations of IRA suspects that led to the eventual banning of the ‘five techniques’ that violated the UK’s international treaty obligation prohibiting the use of torture and ‘inhuman or degrading treatment or punishment’. (...)

Is there a duty of good faith in English contract law?

2026-10-16T03:20:21+00:00

In the much quoted Interfoto Picture Library Ltd v Stiletto Visual Programmes Ltd 2, Bingham LJ as he then was described good faith, as recognised by many civil law systems, as “perhaps most aptly conveyed by such metaphorical colloquialisms as ‘playing fair’, ‘coming clean’ or ‘putting one’s cards face upwards on the table’. It is in essence a principle of fair open dealing.” and one which, he said, has not traditionally been recognised by English law which, has instead “developed piecemeal solutions (...)

Law’s Ethics and Sustainability:Corporate Tax and Sustainable Social Structures

2026-10-16T03:20:21+00:00

This paper examines what law as an aspect of the humanities could contribute to sustainability. It proposes that corporate tax can be viewed as a social ‘value’ or ‘ethic’ enshrined in law and potentially channelled towards sustainable social structures and system. The corporate vehicle is seen as an equitable wealth generation mechanism and taxation is one of the tools through which corporations can contribute to society. It examines the use of corporation tax in the United Kingdom as an exemplar. (...)

Reflexive law and section 172 narrative reporting:reconciling utility and responsibility?

2026-10-16T03:20:21+00:00

The economic success of the shareholder primacy model has dominated UK company law and imposed a strong allegiance to the shareholder value principle as a primary measure of utility. In contrast, concerns about human, environmental and labour rights violations from corporate activities have given rise to a large body of evidence of corporate irresponsibility, which is detrimental to a wide range of stakeholders. These concerns are also central to the legal regulation of corporations in ways which (...)

The meaning of the rule of law within the European Union: a corpus linguistic approach

2026-10-16T03:20:21+00:00

Although the rule of law has become central to the European Union’s ideal, its meaning is not at all clear. In fact, its meaning is not the same in each of the Member States which have their own phrase and understanding. This paper investigates whether a meaning can be found for the rule of law by considering the words and phrases that are associated with the phrase rule of law within European Union documents. The aim is to discover whether there is a distinct meaning to the phrase rule of law within (...)

Transparency in the family courts: moving away from secrecy whilst maintaining privacy?

2026-10-16T03:20:21+00:00

Sir James Munby, President of the Family Division of the High Court and Court of Protection, called for significant changes in the approach of the family courts and Court of Protection towards transparency in his judgment in Re P (A Child)1. This case concerned an application by Essex County Council for a reporting restriction order in relation to an Italian woman Alessandra Pacchieri, whose daughter was delivered by caesarean section, by order of the Court of Protection and against her wishes, and (...)

Das Wahrheitsgeschehen und Selbstsein ; Truth Occuring and Self-being

2026-10-16T03:16:59+00:00

This article deals with the phenomenon called "Self" from the phenomenological point of view. The issue of truthfulness of our "Self" is on of the hardest tasks of philosophy from its beginning. "Self" cannot be objectified, it can be communicated only in the asking. ; Článek se zabývá fenoménem „Selbst“ (samo) z fenomenologického hlediska. Problém pravdivosti našeho „Selbst“ (samo) je jedním z nejtěžších úkolů filosofie od jejího počátku. „Selbst“ (samo) je tak blízko, že nemůže být zvěcněno – zpředmětněno. (...)

Modifications of contracts in Denmark

2026-10-16T02:31:52+00:00

The Chapter deals with modification of contracts in Denmark. Article 72 of the 2014 Procurement Directive has been rewritten into six paragraphs in the Public Procurement Act (§§178-184). Like at EU level, this was also the first time modification of contracts was regulated at national level in Denmark. There are no additional rules allowing for other types of modification in contracts than those we find in the Directive. The interpretation of the rules on contract modifications has mainly taken (...)

Nationalt monogami og queer tilknytninger: Heteronormativitet og biomagt i dansk familiesammenføringslovgivning

2026-10-16T02:31:52+00:00

Through the queer theoretical concepts of heteronormativity and compulsive monogamy, this article examines the notion of attachment in Danish family reunification law. From 2000 until today Danish migration law has been dominated by the understanding that applicants must prove a strong and unique connection to Denmark. The article argues for reading the attachment requirement in its changing forms in the context of shifting moral panics regarding perceived ethnic minority marriage traditions, as (...)

The Council of Europe Convention on Artificial Intelligence and Human Rights: A Primarily Procedural Step Towards Safeguarding Health Rights in the Digital Age

2026-10-16T02:31:51+00:00

In September 2024, the Council of Europe adopted a framework convention on artificial intelligence, human rights, democracy, and the rule of law. As the first global human rights treaty on AI with a broad material and territorial scope, the Convention represents a significant step toward addressing the transnational effects of AI, including its potential impact on health rights. This article argues that the Convention, in particular, introduces new procedural guarantees for patients under the jurisdiction (...)

Artificial Intelligence Affordances:Deep-fakes as Exemplars of AI Challenges to Criminal Justice Systems

2026-10-16T02:31:50+00:00

This paper attempts to provide a unifying conceptual framework to interpret the perils and promises of artificial intelligence (AI) applications in criminal justice systems. As platform technologies that support a myriad of potential applications, the impact of AI systems upon criminal justice will be amplificatory, divergent, and simultaneous. A unifying framework will facilitate a holistic appreciation of why AI systems might destabilise criminal justice systems and suggest appropriate responses (...)

Freedom in the External Relation of All Human Beings:On Kant’s Cosmopolitanism

2026-10-16T02:31:50+00:00

An influential interpretation of Kant’s Doctrine of Right suggests that the relationship between public Right and freedom is constitutive rather than instrumental. The focus has been domestic Right and members’ relation to their own state and has resulted in a statist bias, which has not adequately dealt with the fact that Kant regards public Right as a system composed of three levels – domestic, international, and cosmopolitan Right. This article suggests that the constitutive relationship is between (...)