Papers by Pavlos Eleftheriadis
International Journal of Constitutional Law, 2011
Jus Cogens
The debate concerning solidarity and justice among states has missed the key contribution made to... more The debate concerning solidarity and justice among states has missed the key contribution made to international affairs by corrective justice. Unlike distributive justice, which applies within states, corrective justice applies among states. It applies in particular to cooperative arrangements creating interdependence among them. Corrective justice does not require fairness in outcomes. It requires redress in cases of loss caused by unfairness. An illustration of corrective justice among states is the Eurozone’s response to the financial crisis. The assistance offered to the most burdened states was not as an attempt to arrive at fair shares but an attempt to remedy the losses unfairly caused by the mistakes made by the Eurozone as a whole, when designing its basic architecture.
European Law Journal, 2003
Parts of this paper were presented at a series of European Union Law Seminars at Columbia Law Sch... more Parts of this paper were presented at a series of European Union Law Seminars at Columbia Law School in the Spring Term of 2001. I owe many thanks to my students and to George Bermann for their observations and perceptive criticism. I also benefited from discussions at the workshop 'Cosmopolitan Law: A Good Idea?' held at the London
Constitutional Pluralism in the European Union …, 2010
One of the theoretical developments associated with the law of the European Union has been the fl... more One of the theoretical developments associated with the law of the European Union has been the flourishing of legal and constitutional theories that extol the virtues of pluralism. Pluralism in constitutional theory is offered in particular as a novel argument for the denial of unity within a framework of constitutional government. This paper argues that pluralism fails to respect the value of integrity. It also shows that at least one pluralist theory seeks to overcome the incoherence of pluralism by implicitly endorsing monism. The integrity and coherence of European law is best preserved by considering that both the national legal order and the international or European legal orders adopt sophisticated views of their own limits.
Philosophical Foundations of European Union Law, 2012
Cambridge yearbook of European legal studies, 2012
What does it mean to say that there is a right to health care? Health care is part of a cooperati... more What does it mean to say that there is a right to health care? Health care is part of a cooperative project that organises finite resources. How are these resources to be distributed? This essays discusses three rival theories. The first two, a utilitarian theory and an interst theory are both instrumental, in that they collapse rights to good states of affairs. A third theory, offered by Thomas Pogge, locates the question within an institutional legal context and distinguishes between a right to health care that results in claimable duties and other dimensions of health policy that do not. Pogge's argument reilies on a list of 'basic needs', which itself, however, relies on some kind of instrumental reasoning. The essay offers a reconstruction of Pogge's argument to bring it in line with a political conception of a right to health care. Health is a matter of equal liberty and equal citizenship, given our common human vulnerability. If we are to live as equal members in a political community then our institutions need to create processes by which we are protected from the kinds of suffering that would make it impossible for us to live as equal members.
Jurisprudence, 2010
The main questions of jurisprudence arise out of the puzzling nature of law as both a fact and a ... more The main questions of jurisprudence arise out of the puzzling nature of law as both a fact and a justification. The precise way in which fact and value meet in the formation and application of propositions of law is always at the heart of legal philosophy, even though the precise answers and arguments change with time. It used to be thought that the central concerns of legal philosophy were to be found somewhere within the debate between 'legal positivism' and 'natural law' and especially in the question of the connections between law and morality. Legal positivism offered a toughminded analysis of law, which battered the establishment and contributed to the 'demystification' of the law. HLA Hart, for example, wrote of 'positivist jurisprudence, … like Bentham's and my own work [which] denies that there is any conceptual or necessary connection between law and morality'. 1 Hans Kelsen expressed the same theoretical aim when he stated his ambition to free 'legal science of all foreign elements', among which he included 'psychology, biology, ethics and theology'. 2
SSRN Electronic Journal, 2000
Abstract: This article attempts to offer a general framework for the protection of environmental ... more Abstract: This article attempts to offer a general framework for the protection of environmental rights in the European Union's legal order. The article discusses the Aarhus Convention, which follows the international trend for procedural protection of ...
Philosophical Foundations of European Union Law, 2012
SSRN Electronic Journal, 2000
SSRN Electronic Journal, 2000
Uploads
Papers by Pavlos Eleftheriadis