1992年荷兰新民法典概况

一、概说 (一)历史 1838年<荷兰民法典>大体是在改编和扩充的基础上对<法国民法典>的翻译.这部法典服役了大约100年后已显出过时的迹象.一个政府委员会被任命对其进行修补,但进展相当缓慢,这激怒了当时最著名的学者之一--莱顿大学民法学教授梅杰斯(EduardM.Meijers).     

Legal Knowledge about What?

We assume—in contrast to many "legal realists"—that law is a part of reality. Law exists because people believe in law, but law is not identical with beliefs. Law supervenes on human beliefs, preferences, actions, dispositions and artefacts. Moreover, the morally binding personal interpretation of the law supervenes on two things together: on the individual's knowledge of legal institutions and on moral obligation. The first supervenes in its turn on mutual beliefs; the second supervenes on motivations and dispositions of the individual, provided that she is morally sensitive and rational. Personal interpretation of law converts into social law, if other persons on the basis of overriding reasons do not contest it. Morally binding social law supervenes on moral motivation that is triggered by institutions that supervene on mutual beliefs.     

‘The “Strongest” Climate Ruling Yet’: The Dutch Supreme Court’s Urgenda Judgment

Netherlands International Law Review - The Dutch Supreme Court’s Urgenda judgment breaks new ground. It is the first court to order a State to reduce its GHG emissions. The State has to...     

Independence and focus of Luxembourg UCITS fund boards

European Journal of Law and Economics - Investment funds are potentially plagued by principal-agent problems between investors and fund management companies, in particular with respect to fees....     

Rule Consistency

This paper develops the theory that a set ofrules is consistent if it is not possible that (1)the conditions of the rules in the set are allsatisfied, (2) there is no exception to either one ofthe rules, and (3) the consequences of the rules areincompatible. To this purpose the notion ofconsistency is generalised to make it cover rulesand is relativised to some background of constraints.This theory is formalised by means of Rule Logic, inwhich rules are treated as constraints on thepossible worlds in which they exist. Rule Logicitself is introduced by giving a model-theory forit. It is characterised by means of constraints onworlds that are possible according to Rule Logic.     

Flagging Democracy

Because of the globalisation of social life, various scholars are developing models for the globalisation of democracy. The need for this lies in the increasing inability of governments to rule. National politics reacts rather than acts. This article does not dispute the misfit of social, political, legal, economic and environmental structures, and its related problems; it does dispute, however, the idea that a solution can be found in scaling up democracy to international proportions. The signifier 'democracy', although increasingly flouting, had become predominant in International Relations discourse. For serious application beyond rhetoric in international relations, this notion of democracy should be split up in concrete indicators, such as transparency, accountability and respect for Human Rights. Moreover, aspiring international democracy ignores that the presence of a central authority (that can be held accountable and responsible) is a precondition inherent to the concept of democracy. Creating this precondition may be worse than the perils of globalisation.     

Party government in 20 Democracies: an update (1990–1995)

Abstract. The country tables of the data collection 'Political Data 1945–1990. Party Government in 20 Democracies' (European Journal of Political Research, Vol. 24, No. 1 (July 1993), pp. 1–119) are updated and corrected to the end of 1995. Errors and omissions on the level of separate Ministers and/or Ministries have been corrected as well. These are listed as 'changes/corrections' in the corresponding tables in the original data collection.