Injunctions against Innocent Third Parties: The Case of Website Blocking

The paper discusses the phenomenon of injunctions against third parties that are innocent from the tort law perspective. One such type of injunction, website blocking, is currently appearing in the spotlight around various European jurisdictions as a consequence of the implementation of Article 8(3) of the Information Society Directive and Article 11 of the Enforcement Directive. Website-blocking injunctions are used in this paper only as a plastic and perhaps also canonical example of the paradigmatic shift we are facing: the shift from tort-law-centric injunctions to in rem injunctions. The author of this paper maintains that the theoretical framework for the latter injunctions is not in the law of civil wrongs, but in an old Roman law concept of ‘in rem actions’ (actio in rem negatoria). Thus the term ‘in rem injunctions’ is coined to describe this paradigm of injunctions. Besides the theoretical foundations, this paper explains how a system of injunctions against innocent third parties fits into the private law regulation of negative externalities of online technology and explores the expected dangers of derailing injunctions from the tracks of tort law. The author’s PhD project – the important question of the justification of an extension of the intellectual property entitlements by the in rem paradigm, along with its limits or other solutions – is left out from the paper.

Neighbourhoods Mobilise the Troops - Community Organising, Violence and Governmentality

The article reflects on the difficult relation between community work against domestic violence and local crime prevention under the conditions of the neoliberal state that cuts down on social benefits and promotes self-help, active citizenship and self-responsibility instead while at the same time restoring the punishing state with its strict regime of law-and-order. The author describes a project Tarantula - she started herself while being a social worker in Hamburg, Germany. Tarantula was aimed at strengthening social networks and the neighbours' willingness to get involved in favour of affected women. Although conceptualized as an emancipatory approach referring to community organizing in the tradition of social movements it is questionable whether and how this can really work in the current situation. At present, the field of crime control is being reconfigured as a result of political and administrative decisions, which, for their part, are based on a new structure of social relations and cultural attitudes. The demolition of the 'welfare state' means the re-coding of the security policy that facilitates the development of interventionist techniques that govern and control individuals through their own ability to act.

Legal Translation and the Bilingual Publication of Roman Imperial Constitutions

The present paper aims at investigating translation techniques and publication methods of Roman imperial constitutions published in Greek in the eastern provinces of the empire, where the official Latin was not well-established. Language, being a tool for normative communication must be comprehensible to the addressees of the norm, therefore publication of a normative text in a multilingual society brings along difficulties related in particular to the translatability of legal terminology. Language problems appear, however, not only in the level of communication, but also in those of implementation and interpretation of norms. Linguistic diversity, which currently afflicts legislators in the EU, has already been a challenge for the legislators in the Roman Empire. Major difficulty was the necessity of expressing Roman legal concepts in Greek language. Centralized translation system and consequent use of terminology helped to adapt Greek for the purposes of Roman legislator creating new technical vocabulary.