Schlagwort: justice

Marcus Döller presents a working paper on ‚What does it mean to resist against the law as law?‘

In the 13. Chapter of the dissertation I am going to show in four steps why Hegel makes an internal connection between the logic of the negative-infinite judgement and the Philosophy of Law. My thesis is, that it is crucial to understand the internal connection between the negative-infinite judgement on the one side and the modern form of the law on the other side in order to think a radical form of non-legal resistance. With non-legal resistance I am going to conceptualise a resistance beyond the law. In this line of thought I distinguish resistance that cannot be punished and resistance that can be punished. The act of the hero cannot be punished because the hero creates a new law. To be a hero means to be a law-giver. Heroes are only possible in antiquity. The act of the criminal, in contrast, can be punished, because the criminal presupposes a law already running up.

Every hero in modernity is in the position of the criminal in transgressing the law. Starting from this distinction, I will show that we have to think non-legal resistance differently in order to understand liberation in social struggles. Because resistance in modernity can just reproduce an order of domination and injustice, if resistance is not able to found an autonomous order of equal participation within social practices. Non-legal resistance takes places if the subject is able to justify action guiding rules only by itself. But the very act of justification of action guiding rules presupposes law like rules and overcomes them at the same time. This conceptualisation allows me to think a non-legal resistance which not just reiterates an order of social domination in the very form of resistance.

Petra Gümplová gave a working paper on ‚Reinventing Sovereignty over Natural Resources: the case of the Yasuní ITT Initiative‘

This paper discusses the Yasuní ITT Initiative through which a sovereign state (Ecuador) proposed it would forgo oil extraction in an area overlapping with a global biodiversity reserve and indigenous territory in exchange for financial compensation from the global community. This paper argues that the ITT Initiative provides an excellent opportunity for a much needed discussion about limits on sovereign rights to natural resources. The article first looks into problematic features of sovereignty with respect to natural resources and argues that it fails to facilitate a use of natural resources compatible with demands of domestic and international justice. Three issues are identified: the extractivist bias, the problem of territorial monism, and the justice deficit. In the second part of the paper I show how the ITT Initiative innovatively attempted to transcend these structural weaknesses in the current system thus providing a valuable model of self-limiting sovereignty over natural resources. Three aspects are highlighted: a fiduciary model of resource sovereignty, the recognition of extraterritorial rights of others to sovereign resources, and a model of international cooperation for the non-exploitation of resources and the effective mitigation of climate change.