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The relevance of a contextualisation of the state-individual relationship for child victims of armed conflict

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dc.contributor.author Robinson, J A
dc.date.accessioned 2012-09-03T14:20:54Z
dc.date.available 2012-09-03T14:20:54Z
dc.date.issued 2012
dc.identifier.citation Robinson, J.A. 2012. The relevance of a contextualisation of the state-individual relationship for child victims of armed conflict. Potchefstroom electronic law journal (PELJ) = Potchefstroomse elektroniese regsblad (PER), 15(2):149-205 [http://www.nwu.ac.za/p-per/index.html] en_US
dc.identifier.issn 1727-3781
dc.identifier.uri http://hdl.handle.net/10394/7221
dc.description.abstract The relationship between the individual and the State is discussed in this contribution. The argument is put forward that both the State and the individual are legal subjects endowed with legal subjectivity. In their relationship it must be accepted that the State is not only endowed with State sovereignty, but also that it prescriptively makes use of its authority. However, theirs is a legal relationship characterised by reciprocal rights and duties so that the balance point in their relationship must as a matter of course be determined legally. As an explanatory model the theory of public subjective rights, which is of German origin, is applied. This theory can serve only as a starting point, though, as it fails to address certain fundamental questions. The viewpoints of authors of the socalled Reformed Tradition will therefore be applied to elaborate on the theory. By adopting this approach it is endeavoured to explain that the relationship between the State and the individual may not be viewed as one characterised by the abuse of State authority or excessive individual claims against the State. en_US
dc.language.iso en en_US
dc.subject State-individual relationship en_US
dc.subject Armed conflict en_US
dc.subject Child victims en_US
dc.subject Public subjective rights en_US
dc.subject Reformed tradition en_US
dc.title The relevance of a contextualisation of the state-individual relationship for child victims of armed conflict en_US
dc.type Article en_US


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