Formen und Konkurrenzen juristischer Normativitäten im »Ius Commune« und in der Differentienliteratur (17./18. Jh.)

Mohnhaupt, Heinz

doi:10.12946/rg25/115-126

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Expropriation and The Challenge To Liberal Thought: Multinor...1

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2020

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“…The notion of multinormativity emphasizes precisely the existence of regulatory bodies that lie beyond the state, 10 but which are relevant even to state actors during the decision-making process and determine how legal texts are read. 11 At the same time, by avoiding the term legal, this concept fulfills John Griffiths' 12 concern not to overopen the concept of law, letting the empirical data itself define what is or is not considered law in each context.…”

Section: Expropriation and The Challenge To Liberal Thought: Multinor...mentioning

confidence: 99%

Expropriation and the Challenge to Liberal Thought: Multinormative Management of State Intervention beyond the Conflict Liberty vs. Authority: (Brazil, 1826–1930)

Costa¹

2020

Administory

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Nineteenth century features the supremacy of the administrative state and the absolutized conception of property, expressing liberalism. By then, lawyers thought of expropriation as a clash between these two values. However, in early twentieth century, as the interventionist state expanded, the public power colludes with private citizens, and the subjects profited from expropriations. This challenged the liberal opposition mentality and was followed by the incorporation of a social conception of property. Throughout one century, the interpretation of expropriation changed as the underlying moral normativity on property changed, prompted by economic modifications, even though the legal texts remained mostly the same.

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Section: Expropriation and The Challenge To Liberal Thought: Multinor...mentioning

confidence: 99%

Expropriation and the Challenge to Liberal Thought: Multinormative Management of State Intervention beyond the Conflict Liberty vs. Authority: (Brazil, 1826–1930)

Costa¹

2020

Administory

View full text Add to dashboard Cite

show abstract

Formen und Konkurrenzen juristischer Normativitäten im »Ius Commune« und in der Differentienliteratur (17./18. Jh.)

Cited by 1 publication

References 0 publications

Expropriation and the Challenge to Liberal Thought: Multinormative Management of State Intervention beyond the Conflict Liberty vs. Authority: (Brazil, 1826–1930)

Expropriation and the Challenge to Liberal Thought: Multinormative Management of State Intervention beyond the Conflict Liberty vs. Authority: (Brazil, 1826–1930)

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