In an article entitled, Imagining Human Rights Professor lan Ward considers the fate of human rights at the beginning of the twenty-first century. While, as he argues, human rights have been seen as an epitome of liberalism's triumph, this perception has come to be regarded as a delusion amid the acts of genocide and inhumanity that have characterized the past decade. Ward argues for a re-evaluation of the idea of human rights through an accommodation of sense and sensibility that allows for a vision of a pluralistic conception of human rights. This paper seeks to refute this view. In this respect, it examines Kant's views on human freedom as well as the relevance of Dworkin's notion of integrity in terms of achieving a workable framework for the achievement of human rights despite diverse and competing notions of justice.

The End of Human Rights

A critique of adjudication (fin de siecle)

Introduction Part I The General Structure of Legal Reasoning 1: Scientific versus Heuristic Legal Reasoning 2: The Sources of Linguistic Vagueness 3: Value Pluralism and Absence of a Hierarchy of Norms 4: Precedent and the 'No Law' Situation as Sources of Legal Uncertainty 5: Legal Reasoning - The Interpretative Stage Part II The Legal Reasoning of the Court of Justice of the EU 6: Vagueness and Value Pluralism In the Primary Materials of the EU Legal Order 7: The Legal Reasoning of the Court of Justice I - The Available Topoi 8: The Legal Reasoning of the Court of Justice II - The Approach to Precedent 9: The Legal Reasoning of the Court of Justice III - The Cumulative Approach 10: The Legal Reasoning of the Court of Justice IV - The In-Built Communautaire Tendency of the Cumulative Approach 11: The Legal Reasoning of the Court of Justice V - The Steadying Factors

The Legal Reasoning of the Court of Justice of the EU - A Reply to Michal Bobek

Fundamental rights in European contract law: a comparison of the impact of fundamental rights on contractual relationships in Germany, [...]

The Limits of Juristic Power from the Perspective of the Polish Sociological Tradition

The present paper puts forward a first outline of a possible agonistic theory of adjudication, conceived of as an extension of Chantal Mouffe’s agonistic theory of democracy onto the domain of the juridical, and specifically, judicial decision-making. Mouffe’s concept of the political as the dimension of inherent and unalienable conflicts (antagonisms) which, nonetheless, need to be tamed for a pluralist democracy to function, creates an excellent vantage point for a critical theory of adjudication. The paper argues for perceiving all judicial decisions as having a double nature—juridical and political. Cloaked in legal form, judgments nonetheless decide on individual instances of on-going collective conflicts, opposing workers to employers, consumers to traders, tenants to landlords, moral progressives to traditionalists, minorities to majorities and so forth. Judges, when handing down judgments, enjoy a ‘relative sovereignty’, being always already inscribed into the institutional imperatives of the juridical, on one hand, and ideological influences, on the other, but at the same time called upon to decide in the terrain of the undecidable and contingent (after all, law does not ‘apply itself’ on its own). Indeed the determinacy of legal decisions is only relative: in many cases judges can, by performing a sufficient amount of legal interpretive work, reach a conclusion which will be different from the prima facie interpretation. The collective conflicts of a various nature (economic, ideological, socio-political), once they are juridified, become the object of judicial decisions which, in light of Mouffe’s theory, can be seen as temporary hegemonic fixations. The goal of critical legal scholarship is to destabilise such hegemonies in the name of justice. This can be done not only through an external critique of the law, but also through an internal one. The methodological approach advanced in the latter part of the paper emphasises the need for a critique of judicial decisions based on the consideration of all possible alternative decisions a court could have reached, and their evaluation in the light of conflicting interests and ideologies.

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Judicial Decision-Making, Ideology and the Political: Towards an Agonistic Theory of Adjudication

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Judicial Decision-Making, Ideology and the Political: Towards an Agonistic Theory of Adjudication