237 research outputs found

    Komu (pravo) zvoni? O pravnem in družbenopolitičnem izključevanju nedokumentiranih migrantov [For Whom the Law Tolls? On Legal and Sociopolitical Exclusion of Undocumented Immigrants]

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    The author examines the reasons for the undocumented immigrants’ vulnerability in their host countries. He claims that the main reason for this is the illegality of their residence on the territory of a particular country. The latter assumes the role of an all-determining legal status which, among other, exposes the undocumented immigrants to a high degree of arbitrariness in their contacts with host country frontline legal officials. Moreover, the social environmentn into which they come is often saturated with false claims about their intentions, deliberate perpetuation of negative stereotypes and widespread fearmongering against foreigners. Thus, the author argues that arbitrariness as a mechanism of legal exclusion of undocumented immigrants is often complemented and reinforced by mechanisms of their socio-political exclusion. The paper examines the characteristics of these exclusionary mechanisms and demonstrates how they complement one another. In pursuit of this goal, the author combines a legal-philosophical analysis of the relevant legal phenomena with a sociological and political science analysis of the language practices which form in reference to undocumented immigrants. Finally, in the second part of the article, he tests the theses and the methodological approach from the first part on the case of the Erased in Slovenia. He concludes by arguing that the exclusion of undocumented immigrants is a complex legal and sociopolitical phenomenon

    Legality on the Frontlines of Administrative Decision-Making

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    In this essay, the author deals with the decision-making practices of frontline administrative officials. In particular, he examines how administrative circulars become the primary source of these officials’ decision-making norms, even when their content may be in contrast with hierarchically superior sources of law. The disposition of frontline officials to resort primarily to internal orders of hierarchically superior officials is explained as a consequence of the joint influence of several organizational principles upon their mental faculties. After introducing the problem and its relevance for legal theory, the author first defends the methodological approach to which he subscribes. Thereafter, he presents the central categories and organizational principles framing the institutional operations of public administrations. Finally, he provides a psychologically-informed explanation of the influence exerted by these principles upon the mental faculties of frontline officials which underpin the latter’s preference for the use of administrative circulars as primary sources of decision-making norms

    MATIJA ANTUN RELKOVIC’S GRAMMAR

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    This work presents some relatively extensive account and review of one of the oldest grammars in Croatian or Serbian language. The speech is about A New Slavonic and German Grammar by Matija Antun Relkovic printed in Zagreb for the first time in 1767. Special attention has been drawn to those parts of the description which are specific for Relkovic for some reason or other. Some characteristics have been considered (e. g. graphic solutions, the description of ani- mate/inanimate category, the description of noun morphology and the use of nouns, the advantage of contrastive description and the like) and deficiencies of the applied description (influence of German and Latin languages, terminological awkwardness and poverty, inadequate conception of the dictionary, insufficient linguistic knowledge of the author and the like). This grammar has been compared with other older grammar books, especially with the first Croatian grammar by Bartol KaSic

    The Non-Citizen. The Ins and Outs of Cittadini e no: forme e funzioni dell'inclusione e dell'esclusione by Patricia Mindus

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    Citizenship has long been a heavily disputed topic, with the question «Who is the citizen?» generating much controversy both in academia and society at large. In her latest book, "Cittadini e no" (Firenze University Press, 2014), Patricia Mindus attempts to bring some much needed conceptual clarity to the debate. Having discerned three figures of the citizen which feature in the contemporary debate, the author proposes a general theory of citizenship, based upon Aristotle's treatment of citizenship in Book III of his Politics. This review briefly outlines the main characteristics of the proposed functional theory of citizenship and concludes with a critical comment regarding one of the arguments that Mindus advances

    Le trasformazioni del diritto al tempo del Covid-19. Il caso sloveno

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    The paper analyses certain transformations in the production and application of the law during the Covid-19 pandemic. The analysis focuses on Slovenia, although its claims and conclusions can easily be generalized. The author first claims that the Slovenian government securitized public health – a move which gave it access to a broad array of exceptional measures, without having to declare the state of emergency. Secondly, he illustrates how the management of the epidemic was “administrativized”. The administrativization of government is seen as a technique of governing which shifts the centre of decision-making activities towards executive agencies and substitute statutes for sub-statutory acts as the principle decision-making mechanism. This technique is seen as particularly problematic when applied to the curtailment of fundamental freedoms

    The State of Emergency in the Slovenian Constitutional Design

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    In this article, the author presents the essential characteristics of the state of emergency regime in the Slovenian legal system and provides a critical evaluation thereof. First, he presents the relevant normative framework of the subject matter by analysing all critical stages in the management of an emergency (the declaration, the state of emergency itself and its termination). Then, he focuses on what in his view are two most significant problems of the current regulation and provides critical comments on each of them. He concludes by calling for a major overhaul of the emergency management system

    All the Earth’s legal children. Some sceptical comments about Nature’s legal personhood

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    This essay aims to provide an introductory account of Earth Jurisprudence as a legal theory and to examine its claims regarding rights of nature. First, two versions of Earth Jurisprudence qua legal theory are identified: a stronger and a moderate version, respectively. Then, the theory’s claims regarding the rights of nature are examined from the perspective of the general theory of rights. The idea of ascribing legal rights to Nature tout court is rejected, while it is acknowledged that sentient animals could be considered persons in law. Finally, the author suggests that instead of rejecting anthropocentrism, as Earth Jurisprudence proposes, the preservation of nature requires that more emphasis is put on human obligations in this respect
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