Was ist ›Multinormativität‹? – Einführende Bemerkungen

Duve, Thomas

doi:10.12946/rg25/088-101

Cited by 45 publications

(6 citation statements)

References 3 publications

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“…However, the entanglement in legal history and the histoire croisée 21 are methodologies, as also noted by historians, not sufficiently rooted in the awareness of jurists.…”

Section: Methodsmentioning

confidence: 99%

To Copy or to Learn From the Past? A Research Path for a Critique of the Neo-Medieval Approach to the Regulation of New Technologies

Cirillo

2020

EU and Comparative Law Issues and Challenges Series

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A part of the literature considers the collapse of the legal categories of modernity as an opportunity for the recovery of concepts of medieval juridical experience. The evidence for such approach includes the following: the variable geometry of the legal sources, the diversification between the recipients of the norms, the collapse of bourgeois property and the substitution with a multilevel order, the overcoming of the state and the definition of a new society in which power is managed by different centers of production of law, the return of the lex mercatoria, the soft law and the ius commune. This paper contributes by reviewing some of the main positions and analyzing the reasons for this possible recovery. Then, such approach will be criticized highlighting that, from a theoretical-general perspective, the technological landscape does not allow a naïve recovery of the past. Rather than copying from the past and imagining impossible continuities, the relationship between technology and humanities points to a different path. In this path, historical methodology could be useful for the law of new technologies, allowing us to distance ourselves from present legal and political concepts and to adopt new ones.

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“…However, the entanglement in legal history and the histoire croisée 21 are methodologies, as also noted by historians, not sufficiently rooted in the awareness of jurists.…”

Section: Methodsmentioning

confidence: 99%

To Copy or to Learn From the Past? A Research Path for a Critique of the Neo-Medieval Approach to the Regulation of New Technologies

Cirillo

2020

EU and Comparative Law Issues and Challenges Series

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“…Of interest will also be the way different actors handled these same norms and their collisions. 4 The Duchy of Warsaw is an interesting object of research when considering multinormativity. The state, created in the midst of the Napoleonic conquests, found itself at the sharp edge of two epochs.…”

Section: Public Administration and The Challenge Tomentioning

confidence: 99%

Public Administration and the Challenge to Introduce Egalitarian Legal Order: The Jewish policy of the Duchy of Warsaw (1807–1815)

Oniszczuk¹

2020

Administory

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The article discusses inconsistency existing in the Jewish policy of the Duchy of Warsaw, resulting from divergent normativities. Examined are the ways these normativities were handled, transformed, and conceptualised. The analysis refers to the concept of multinormativity and highlights the dynamics standing behind Jewish policy, as well as various influences on the way legal order was interpreted. Considered is the presence of legal assumptions derived from the normativities inherent in Old Polish traditions, being the main obstacle to the implementation of Napoleonic egalitarian norms. The article argues that equality claims and first attempts at their implementation existed alongside traditional ideas, social habits, and practices.

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“…The main analytical tool I will use is the concept of multinormativity, which states that different forms of regulation of individual and collective action can coexist in the same space. As Thomas Duve 8 puts it, this concept allows us to see the different forms of interaction between regulatory regimes, which are not restricted to constant opposition. Collaboration, though tense, is very important.…”

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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Was ist ›Multinormativität‹? – Einführende Bemerkungen

Cited by 45 publications

References 3 publications

To Copy or to Learn From the Past? A Research Path for a Critique of the Neo-Medieval Approach to the Regulation of New Technologies

To Copy or to Learn From the Past? A Research Path for a Critique of the Neo-Medieval Approach to the Regulation of New Technologies

Public Administration and the Challenge to Introduce Egalitarian Legal Order: The Jewish policy of the Duchy of Warsaw (1807–1815)

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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