Tracing the Permission to Act in Necessity in the Germanic Tradition

David Messner-Kreuzbauer — Wed, 07 Feb 2024 00:00:00 +0000

Germanic law accepts that some acts of necessity are permitted ('justified acts of necessity', or, in German, 'gerechtfertigte Notstandshandlungen'). The present article shows the intellectual history of this rule and what may be learned from it. It presents the debate on permitting acts of necessity in its first appearances in Roman pragmatism, in medieval common good reasoning, and in the context of individualistic views on entitlements in the early modern ages. It suggests what thoughts the doctrine may represent in the pluralism of theories in our times and concludes with an outlook on the lessons of this discussion for how entitlements and rights should more generally be understood today.

The Emancipatory Effect of Law and Its Limits Exemplified by the Promotion of Women in the Police Service

Hannah Reiter — Wed, 17 Apr 2024 00:00:00 +0000

The discourse surrounding gender equality policies remains a contentious subject within legal circles, manifesting in diverse forms of debate. This article delves into the gender equality measures implemented within the Austrian police service, offering insights from the vantage point of female police officers, a demographic directly affected by these policies. The reluctance and scepticism among police officers towards equality initiatives stem from challenges related to information dissemination and a nuanced interpretation of “equality” entrenched in the hegemonic police culture of masculinity. A conundrum emerges: the realisation of equal participation for women within the police service seems arduous without the presence of robust equality policies; yet the efficacy of these policies is imperilled in the absence of a fundamental restructuring and re-evaluation of the police institution and its cultural dynamics.

University of Vienna Law Review

Tracing the Permission to Act in Necessity in the Germanic Tradition

The Emancipatory Effect of Law and Its Limits Exemplified by the Promotion of Women in the Police Service