Indledende note om demokrati-begrebet

Agamben, Giorgio; Eggers, Nicolai von

doi:10.7146/sl.v2015i72.107203

Cited by 2 publications

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“…Its aim is to put the oathtaker's "nature at stake in language and to bind together in an ethical and political connection words, things, and actions." 147 It is a "personal obligation" to act impersonally according to the terms of one's oath and one's judicial office. 148 The oath imposes upon the person who takes it a profound obligation to act within her office.…”

Section: The Troika: Office Oath and Honour And Their Connectmentioning

confidence: 99%

The Coxford LectureHonour, Oaths, and the Rule of Law

Horwitz¹

2019

Can. J. Law Jurisprud.

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Impersonality is frequently invoked as a core element of the rule of law. In this article, I discuss a troika of values and institutions–office, honour, and the oath–that provide deeply personal springs for the conduct of judges and other office-holders. In so doing, these institutions make possible the sort of impersonality valued by the rule of law. A focus on office emphasizes the importance of duty rather than power. Honour is the desire to be well thought of by others, and the internalized desire to deserve to be thought well of by others, especially one’s peers. Honour is often treated as an obsolete value that has been superseded by dignity. But it remains an essential force, providing judges and other office-holders with a source of energy and agency that motivates them to fulfil the duties of their office with virtue and excellence. The oath serves as a linchpin that connects the individual to the office and the office-holder to the commitment to serve honourably. Taken together, this troika of institutions encourages the faithful and energetic performance of one’s judicial office in a modern democratic constitutional society. Thinking about the rule of law this way encourages us to shift our focus from power to duty, and from doctrine to character and virtue. It encourages us to revive and revise honour rather than abandon it. It helps show that an impersonal “government of laws and not men” is and ultimately must be deeply personal.

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Section: The Troika: Office Oath and Honour And Their Connectmentioning

confidence: 99%

The Coxford LectureHonour, Oaths, and the Rule of Law

Horwitz¹

2019

Can. J. Law Jurisprud.

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“…of an infinite multiplication of masks," as Agamben writes. 135 This may lead to a shattering of the category of the legal person in multiple interpretations.…”

Section: "Nobody Can Create Rights For Himself" 129mentioning

confidence: 99%

The Changing Nature of Law's Natural Person: The Impact of Emerging Technologies on the Legal Concept of the Person

Beers¹

2017

Ger. law j.

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This article discusses the legal concept of the person against the background of technological developments. Emerging technologies are offering radical ways to transform the biological and physical aspects of life. Several legal scholars claim that the technological artificialization of human life also calls for a more artificial, disembodied account of the natural person in law. According to them, the legal distinction between natural persons (human legal subjects) and artificial persons (non-human legal subjects, such as corporations) is becoming diluted and increasingly redundant. This article argues that, in an era of growing technological and postmodern disembodiment, the traditional legal distinction between natural and artificial persons remains important, albeit in a different form. An examination of the legal concept of the person in biomedical law suggests that law's category of the natural person still has its merits, not justdespitethese technological developments, but, remarkably enough, alsobecauseof them.

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Indledende note om demokrati-begrebet

Cited by 2 publications

References 0 publications

The Coxford LectureHonour, Oaths, and the Rule of Law

The Coxford LectureHonour, Oaths, and the Rule of Law

The Changing Nature of Law's Natural Person: The Impact of Emerging Technologies on the Legal Concept of the Person

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