Exploring Concepts of Sovereignty in Legal Systems
Delve into the intricate world of legal systems with a focus on the concept of sovereignty, particularly examining French perspectives. Discover in-depth analyses by Konatsu Nishigai on topics such as national sovereignty, the rule of law, and the representation of the people. Unravel discussions on the intertwining nature of norms, the sovereign, and legal theories, shedding light on hyletic and expressive conceptions of sovereignty.
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research background plural legal systems, the concept of sovereign and sovereignty especially french concepts of sovereignty interests Konatsu Nishigai, la souverainet nationale et la souverainet populaire (1)-(5), Kokka-gakkai Zasshi (2016-2017) (in Japnanese). Konatsu Nishigai, The concept of the representative of the people sociological concepts and legal science s concepts-, Ronkyu-Jurist (2016) (in Japanese). Konatsu Nishigai, On Selbstverwaltung, Hogakkai Zassi (2016) (in Japanese). Konatsu Nishigai, Representation without Interpreter, Percorsi costituzionali (2015) (in English). Konatsu Nishigai, Media in distinction, International Association of Constitutional Law, World Conference 2014 at Oslo, Norway, Workshop 14. Konatsu Nishigai, Sovereign and Legal System The expressive or institutionalized conception of sovereign to realize the rule of law in the field of public law- (coming soon) etc. thesis
1. 2. 3.
1 rule of law
recurrence of validity chains Creator Sovereign norms Created How to embed the sovereign in norms?
loops (= self-reference) in norms the paradox of omnipotence? sover eign B the bindingness of an unilateral promise? a loop made of authorizations of norm creating power only performable by all sover eign A sover eign C self-reference the sovereig n rule of law
hyletic or expressive conceptions of sovereign hyletic conceptions of sovereign the sovereign is antecedents of norms expressive conceptions of sovereign norms are antecedents of the sovereign not to presuppose strong ontological premises concerning the sovereign There is only one theory: the theory of norms only norms creating acts express the sovereign the sovereign is sui generis, an ontologically strong presupposition There are two theories: the theory explaining sovereign existing and the theory explaining norms
difficulties in the implementation of rule of law the an ideal interpretation by legal man the language of the mind in common unrepresenta ble source of norms ? ? ? neo-kantian psychology ? meta legal theory? law = a collective phenomenon
a future outlook 1. methodological turn inter- subjective objective 2. new foundation of the rule of law
two theories of the agency substantialism or essentialism natural law human rights interest will resemblance to humans legal attributism or imputationism objective law based legal pragmatism
legal theories and legal practices 1 AI 2 linguistic turn pragmatic view of law:
