By Miodrag A. Jovanović
In a departure from the mainstream method of a positivist-oriented jurisprudence, Collective Rights offers the 1st legal-theoretical remedy of this zone. It advances a normative-moral point of view of 'value collectivism' which works opposed to the normal political philosophy of liberalism and the dominant principles of liberal multiculturalism. in addition, it locations a theoretical account of collective rights in the better debate among proponents of alternative rights theories. through exploring why 'collective rights' may be differentiated from related criminal thoughts, the connection among collective and person rights and why teams can be regarded because the 3rd unique form of right-holders, it offers the subject as hooked up to the bigger philosophical debate approximately overseas legislation of human rights, so much significantly to the matter of universality of rights.
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Extra resources for Collective Rights: A Legal Theory
Htm). Finally, the title of the Framework Convention creates an impression that it is designed for the ‘protection of minorities’, and yet all the stipulated rights are vested in the individual members of national minorities. 95 In that respect, Hart’s exposition of the core element of the concept ‘right’ is in stark contrast with certain conceptual distinctions, common for both jurisprudence and the legal practice of civil law countries. They regularly differentiate between the ‘legal capacity’ (Rechtsfa¨higkeit), that is, the capacity to be a holder of rights and duties, which is acquired either by birth (natural persons)96 or establishment (juristic persons),97 and the ‘capacity to contract’ (Gescha¨ftsfa¨higkeit)98 and ‘liability’ (Deliktsfa¨higkeit),99 which require a certain age and mental health.
38 Unlike its ‘physical’ counterpart, ‘legal (juristic) person’ ‘has no natural, real existence’. 39 Hence, saying colloquially, that a juristic person, such as a corporation, is a bearer of a right or obligation cannot reverse the fact that it is some human being that ultimately has that right or obligation. Consequently, ‘[a]ll acts of the legal person are acts of human beings, human acts that are imputed to the fictitious subject that one imagines the unity of a legal subsystem or comprehensive legal system to be’.
Kelsen, Reine Rechtslehre, p. 155. 45 Kelsen, Introduction to the Problems of Legal Theory, p. 50. , pp. 49–50. 24 reflections on methodology The Parties undertake to adopt, where necessary, adequate measures in order to promote, in all areas of economic, social, political and cultural life, full and effective equality between persons belonging to a national minority and those belonging to the majority. In this respect, they shall take due account of the specific conditions of the persons belonging to national minorities.