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Facing the Future: Conceiving Legal Obligations Towards Future Generations
[journal article]
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 exp... view more
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.... view less
Keywords
human rights; legal theory; legal positivism; constitutional law; constitutional law; legal order; fundamental right
Classification
Law
Free Keywords
future generations; intergenerational justice
Document language
English
Publication Year
2024
Journal
Politics and Governance, 12 (2024)
Issue topic
Considering Future Generations in Democratic Governance
ISSN
2183-2463
Status
Published Version; peer reviewed