LAW AND WAR: VOICES OF PHILOSOPHERS

PANEL DISCUSSION

Law and War: Voices of Philosophers

Panel discussion within the VI Kharkiv International Legal Forum

 

Hosted by:

 

Yaroslav Mudryi National Law University, Kharkiv, Ukraine

 

Central European University, Vienna, Austria

 

Date and time: October 7, 2022, 13.00 – 18.00 (GMT+3:00, Kyiv)

English and Ukrainian; simultaneous translation will be provided.

 

The war fundamentally changes our lives and imposes a different perspective of world perception, which displaces all possible alternatives, including legal optics. So, inter arma enim silent leges. It is noteworthy that it was with the shock produced by the unprecedented violence during the 20th century that Paul Ricoeur linked the large-scale crisis of the philosophy of law and law as such. At the same time, law remains the maim (if not only) alternative to war, and giving a voice to it is the least philosophy of law can and should do today. Moreover, war is a border situation when, against the background of the existential threat of law, the latter reveals its genuine nature. When all legal institutions are powerless and all conventions are destroyed, the ultimate foundations of law finally become visible. This is how we find ourselves in the space of philosophy.

This panel discussion is motivated by a desire to give a voice to law among arms by giving a voice to philosophers and thereby reframe once again the question of the meaning of law.

 

Among other things, the following questions are proposed for discussion:

  • Are laws silent among arms? Is war a state of exception? If so, is it possible to return to the legal state? And what enables law to revive even on the ashes of wars and genocides?
  • How does the human experience, particularly the experience of law, change during a war? How does the experience of actual lawlessness change the balance between normativity and factuality of our existence? And are these changes irreversible?
  • How does war change our perception of the world? What is the reason for the “forgetting” of law as one of the key topics of philosophy, that was traditionally present in all major philosophical systems? And how is this crisis of the philosophy of law related to the crisis of law as such?
  • How is the “law of war” possible? And how should we rethink the nature of law so that jurisprudence continues to make sense?
  • How should the philosophy of law respond to the challenges to legal values caused by the armed aggression of the Russian Federation against Ukraine? And do legal values remain unchanged and untouched in the conditions of war?

 

Additional Information:

Based on the results of the event, a special issue of the scientific journal “Philosophy of Law and General Theory of Law” (http://phtl.nlu.edu.ua) is planned.

7 october 2022
13.00 - 18.00
Online
Registration of participants for the event in Zoom format
Free

SPEAKERS

Marcelo Campos Galuppo

Professor at Department of Jurisprudence of Pontifical Catholic University of Minas Gerais and Professor at Department of Labor Law and Jurisprudence of Federal University of Minas Gerais (Brazil), Visiting Professor at the University of Baltimore (USA), President of Brazilian Section of IVR.

Topic of speech: ''Freud on War''

Anatoliy Yermolenko

Doctor of Philosophical Sciences, Director of the Hryhoriy Skovoroda Institute of Philosophy of the National Academy of Sciences of Ukraine, сorresponding member of the National Academy of Sciences of Ukraine.

Topic of speech: ''Moral and Legal Discourse of War in the Conditions of Russian Aggression against Ukraine''

Lorenz Kaehler

Professor of civil law, civil procedure law and legal philosophy at the University of Bremen (Germany).

Topic of speech: ''Is War the Father of All Things, and Therefore of Law?''

Matthias Mahlmann

Dr. iur., Professor at the Chair of Philosophy and Theory of Law, Legal Sociology and International Public Law, Faculty of Law, University of Zurich (Switzerland). 2005 2022 Recurrent Visiting Professor, Central European University, Budapest, Hungary. Visiting professorships at Hebrew University, Jerusalem, 2007, 2016; Georgetown University Law Center, Washington, D.C., 2012; BOK Visiting International Professor, University […]

Topic of speech: ''War – the Disenchantment of Law?''

Klaus Guenther

Professor of Legal Theory, Criminal Law and Criminal Procedure Law at the Goethe-University (Frankfurt/Main, Germany). 

Topic of speech: ''The Abuse of Law in Times of War''

Sergiy Maksymov

Doctor of Legal Sciences, Professor at the Department of Human Rights and Legal Methodology of the Yaroslav Mudryi National Law University, Corresponding Member of the National Academy of Legal Sciences of Ukraine.

Topic of speech: ''Is Law Born out of the Spirit of Tragedy? A Non-positivist View of Law and War''

Konstantinos Papageorgiou

Professor of the Philosophy of Law at the Νational and Kapodistrian University of Athens (Greece), School of Law.

Topic of speech: ''Ukraine: A Patently Unjust War and Its Dilemmas''

Maciej Pichlak

PhD in law, Assistant Professor at the Department of Legal Theory and Philosophy of Law, University of Wrocław, Secretary of the Assotiation for Philosophy of Law and Social Philosophy – Polish IVR Section.

Topic of speech: «''True Poetry Is Always Based on Accuracy’’: The Parallels between Law and Poetry in the Face of War»

Stanislav Pohrebniak

Doctor of Legal Sciences, Professor at the Department of Human Rights and Legal Methodology of the Yaroslav Mudryi National Law University, Interim Head of the Human Rights and Legal Methodology Department.

Topic of speech: ''Can the Law Protect in Times of War?''

Nataliia Satokhina

Candidate of Legal Sciences, Associate Professor at the Department of Human Rights and Legal Methodology of the Yaroslav Mudryi National Law University.

Topic of speech: ''Evidence of War and Certitude of Law: Law Against the Tyranny of Facts''

Oleksiy Stovba

Doctor of Legal Sciences, Associate Professor at the Department of Law (Humanities and Law Faculty) of the National Aerospace University “Kharkiv Aviation Institute”.

Topic of speech: ''Law During War: Between Legal Fiction and Corporal Experience''

Isabel Trujillo

Professor of Legal Philosophy at the University of Palermo (Italy), Director of the PhD program in Gender Studies, Former Director of the PhD program in Human Rights.

Topic of speech: ''About the Antinomy between Human Rights and War''

Miaofen Chen

Associate Professor of Philosophy of Law at National Taiwan University College of Law. She studied both law and philosophy and has earned PhD of law in the Georg-August Universität Göttingen (Germany).

Topic of speech: ''A Refreshing Start of Philosophy of International Law in the Age of Hybrid Warfare''

MODERATORS

Sergiy Maksymov

Doctor of Legal Sciences, Professor at the Department of Human Rights and Legal Methodology of the Yaroslav Mudryi National Law University, Corresponding Member of the National Academy of Legal Sciences of Ukraine.

Nataliia Satokhina

Candidate of Legal Sciences, Associate Professor at the Department of Human Rights and Legal Methodology of the Yaroslav Mudryi National Law University.

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    Dear Colleague,

    Thank you for registering to attend the VI-th Kharkiv International Legal Forum.

    We look forward to your participation. An official invitation would soon be sent to your email. Any queries, please email to forum@nlu.edu.ua.

    See you at VI-th Kharkiv International Legal Forum on October 4-7, 2022!

    Co-Chairman of Organizing Committee
    Rector of Yaroslav Mudryi National Law University
    Anatoly Hetman