{"title":"面对未来：构想对后代的法律义务","authors":"Svenja Behrendt","doi":"10.17645/pag.7839","DOIUrl":null,"url":null,"abstract":"Conceiving legal obligations towards future generations is challenging—especially from a positivist stance and if obligations and claims are understood as being correlative in nature. Legal obligations towards future generations are often rejected from the outset if (and insofar as) there is no explicit acknowledgement or established doctrine. This neglects the power of sound legal interpretation. I argue that obligations towards future people and generations are grounded in the relational character of human rights and that their positivity is not a problem in a legal order containing norm texts that can reasonably be interpreted as acknowledging human rights; no additional enactment is necessary for these obligations to be part of the positive law. This claim is based on a (novel) concept of fundamental rights which is compatible with legal positivism.","PeriodicalId":51598,"journal":{"name":"Politics and Governance","volume":null,"pages":null},"PeriodicalIF":2.5000,"publicationDate":"2024-04-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Facing the Future: Conceiving Legal Obligations Towards Future Generations\",\"authors\":\"Svenja Behrendt\",\"doi\":\"10.17645/pag.7839\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Conceiving legal obligations towards future generations is challenging—especially from a positivist stance and if obligations and claims are understood as being correlative in nature. Legal obligations towards future generations are often rejected from the outset if (and insofar as) there is no explicit acknowledgement or established doctrine. This neglects the power of sound legal interpretation. I argue that obligations towards future people and generations are grounded in the relational character of human rights and that their positivity is not a problem in a legal order containing norm texts that can reasonably be interpreted as acknowledging human rights; no additional enactment is necessary for these obligations to be part of the positive law. This claim is based on a (novel) concept of fundamental rights which is compatible with legal positivism.\",\"PeriodicalId\":51598,\"journal\":{\"name\":\"Politics and Governance\",\"volume\":null,\"pages\":null},\"PeriodicalIF\":2.5000,\"publicationDate\":\"2024-04-17\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Politics and Governance\",\"FirstCategoryId\":\"90\",\"ListUrlMain\":\"https://doi.org/10.17645/pag.7839\",\"RegionNum\":3,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q1\",\"JCRName\":\"POLITICAL SCIENCE\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Politics and Governance","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.17645/pag.7839","RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"POLITICAL SCIENCE","Score":null,"Total":0}
Facing the Future: Conceiving Legal Obligations Towards Future Generations
Conceiving legal obligations towards future generations is challenging—especially from a positivist stance and if obligations and claims are understood as being correlative in nature. Legal obligations towards future generations are often rejected from the outset if (and insofar as) there is no explicit acknowledgement or established doctrine. This neglects the power of sound legal interpretation. I argue that obligations towards future people and generations are grounded in the relational character of human rights and that their positivity is not a problem in a legal order containing norm texts that can reasonably be interpreted as acknowledging human rights; no additional enactment is necessary for these obligations to be part of the positive law. This claim is based on a (novel) concept of fundamental rights which is compatible with legal positivism.
期刊介绍：
Politics and Governance is an innovative offering to the world of online publishing in the Political Sciences. An internationally peer-reviewed open access journal, Politics and Governance publishes significant, cutting-edge and multidisciplinary research drawn from all areas of Political Science. Its central aim is thereby to enhance the broad scholarly understanding of the range of contemporary political and governing processes, and impact upon of states, political entities, international organizations, communities, societies and individuals, at international, regional, national and local levels. Submissions that focus upon the political or governance-based dynamics of any of these levels or units of analysis in way that interestingly and effectively brings together conceptual analysis and empirical findings are welcome. Politics and Governance is committed to publishing rigorous and high-quality research. To that end, it undertakes a meticulous editorial process, providing both the academic and policy-making community with the most advanced research on contemporary politics and governance. The journal is an entirely open-access online resource, and its in-house publication process enables it to swiftly disseminate its research findings worldwide, and on a regular basis.
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