This article examines the origins and practical significance of ‘identity dispossession’ in juvenile criminal law: the experience of young people whose portrayal in juvenile court proceedings does not match how they see themselves. The legislative history of juvenile justice reveals four causes. First, children are increasingly treated as information problems, assessed by numerous experts. Second, advisors must create coherent accounts of children, despite the fact that children are complex and constantly changing. Third, these advisors are expected to predict future behavior, which is inherently uncertain. Finally, they rely on imperfect classification systems shaped by selective political use of expert knowledge. Together, these dynamics produce ‘repressive reductionism’.
The right and obligation to report criminal offences has, throughout historical development and depending on the diversity of legal systems, consistently served as an indicator of the relationship between the state and its citizens. At the same time, the issue has embodied the dilemma of where the boundaries lie - and how fluid they are - between moral expectation and legal duty. In seeking the roots of this problem, the present study arrives at a critique of the current regulatory framework. It demonstrates that the existing provisions are, in part, inconsistent and contradictory, and calls for a more dogmatically grounded and restrained, yet still justified, regulatory approach.
This book provides a precise framework for interpreting EU anti-discrimination law and thereby facilitates the resolution of difficult cases in conformity with EU law. It assesses the leading theoretical approaches and reconstructs the CJEU’s concept of discrimination through five case-law studies. Its central claim is that anti-discrimination rules do not serve solely to protect personality rights, but are primarily intended to reshape the markets for employment, housing and consumption so that social participation and human flourishing are, as far as possible, independent of protected characteristics. The study combines private law doctrine, EU law and political philosophy. It is aimed at scholars and practitioners.
Effective consumer protection requires not only the existence of consumer rights, but also meaningful access to their enforcement. Against this background, this study examines whether collective consumer arbitration can help address existing enforcement deficits. Building on a comprehensive analysis of consumer rights enforcement in Germany, it evaluates the strengths and weaknesses of court-based collective redress mechanisms and compares them with the distinctive features of arbitration. Drawing on comparative insights from the United States and various European jurisdictions, the study develops concrete legislative proposals for the introduction of collective consumer arbitration in Germany.
This volume examines selected legal issues relating to statutory obligations in three articles.
J. Hensel
analyses the relationship between acquisitive prescription under property law and rescission under enrichment law and develops a function-based solution that differentiates between types of restitution.
L. Uchtmann
addresses the question of how damages suffered involuntarily in the course of acting for the benefit of others within the scope of agency without authority can give rise to a claim for compensation.
S. R. Viegas Santos
examines the attribution of auxiliary persons in the owner-possessor relationship, focusing on the norms of the (vicarious) agent and their effects in the owner-possessor relationship.
Johanna Hensel, Lilli Uchtmann, Stefanie Raquel Viegas Santos· 0 citations
: Research on legal memory has a history of approximately two decades. Drawing on an interdisciplinary approach, it seeks to answer how law, through its distinctive normative features – such as normativity and enforceability – can shape collective memory. The issue becomes particularly complex when the legislator assumes the additional role of interpreting, or reinterpreting, history. The political, ideological, social, and economic transformations that accompanied Hungary’s democratic transition also prompted a fundamental reconsid-eration of the nation’s collective memory. This article examines this period in order to address the following questions: which symbolic figures and historical events have been incorporated into the national pantheon by the Hungarian Par-liament, and how has the legislature, through the enactment of memory laws, engaged with and interpreted Hungary’s past?