Legal Romanticism, Part 2 of 6 The judge – such is a common view – in deciding what is right, determines what is wrong, too. Similar to field researchers observing natural phenomena, e.g. biologists, the judge ought to look at legal disputes as an unattached spectator. She or he should ideally represent the neutral perspective… More On Aspects of Legal Romanticism: Either-Or-Mentality
For a competent, conscious, adult patient, the doctor must obtain consent to any bodily contact or else risk a legal action in the tort of battery. This is the case whether or not the patient has suffered any harm as a result of the touching, as the tort of battery, unlike negligence, is strict and… More Article 8 and Minors’ Right to Refuse Medical Treatment
The European Court of Justice (hereafter “ECJ”) decision in the Zambrano case; C-34/09, of 8 March 2011, has inaugurated a new approach or, as it is said,[1] a new doctrine regarding EU citizenship rights. This judgment has tangible repercussions on the human rights debate within the boundaries of the European Union due to its implications… More European Citizenship and Fundamental rights: The Zambrano Case
Legal Romanticism, Part 1 of 6 If a Wittgensteinian spectator would look at how lawyers and natural scientists use language, she or he would find at first glance that both are debating the coherence and justification of the same concept: law. For Friedrich Nietzsche in “Human All Too Human,” this connection of the natural order… More Introducing Legal Romanticism