Henrik Palmer Olsen
Biographic Data
| ID | 6336813 |
|---|---|
| NAME | Henrik Palmer Olsen |
| GIVEN NAMES | Henrik Palmer |
| FAMILY NAME | Olsen |
| SIGNATURE | OLSEN H P |
| AFFILIATIONS | University of Copenhagen |
| ORCID | 0000-0001-8486-8752 |
| VERIFIED | Yes |
| TOTAL WORKS | 12 |
| TOTAL CITATIONS | 6 |
| WORKS AS AUTHOR | 12 |
| WORKS AS EDITOR | 0 |
| FIRST PUBLICATION YEAR | 1999 |
| LATEST PUBLICATION YEAR | 2024 |
| H-INDEX | 2 |
Doctrinal Legal Science
Doctrinal legal scholarship faces persistent challenges from empirical approaches, but such criticism rarely seeks to encounter doctrine on its own terms. In this article, we seek to excavate the theoretical and methodological basis of doctrinal legal scholarship by situating the discipline in a hermeneutic continuum between theory and practice, or law’s engagement with the social world. We first unfold this dynamic as an exercise in methodologic…
Network analysis and comparative migration law
International migration law (IML) is famously fragmented, which provides fertile ground for comparative inquiry. However, this task is inhibited the heterodox nature of IML as it draws on a composite body of law that is expressed in different concepts, interpretations and languages. This paper presents network analysis as one useful methodology for navigating IML's normative architecture and empirically mapping case law and its interrelations. Pa…
Adjudicating national contexts – Domestic particularity in the practices of the European Court of Human Rights
The established view in textbooks and legal commentary is that the Court’s case law should be viewed as a coherent whole. In this article, we ask whether European human rights law is as unified and European as is often presumed. Based on a citation network of all Chamber judgments from 1998–2018, we argue that the practice of the Court is to some extent split in different strands of case law, where the Court reuses particular factual and legal ar…
Un scandale danois
Alors que le Danemark est auréolé d’une réputation flatteuse concernant le fonctionnement de l’État de droit dans les classements internationaux, la décision du gouvernement d’abattre tous les visons d’élevage par peur d’une mutation du coronavirus a terni le tableau. En particulier lorsqu’on a découvert qu’il n’y avait pas de base légale pour cette décision très importante, impliquant les acteurs de la santé et de la police et ayant abouti à l’e…
Network analysis and comparative migration law
Explaining power and authority in international courts
It has recently been suggested that the study of international legal life should take an ‘empirical turn’: a turn which has often focused on how patterns of authority emerge and operate in relation to international courts. In what follows it is argued that this empiricism fails to distinguish (for the purposes of sociological inquiry) authority from various other concepts such as power or consensus in the study of international law and courts. Th…
Ethical Rationalism and the Law
What role does reason play in determining what, if anything, is morally right? What role does morality play in law? Perhaps the most controversial answer to these fundamental questions is that reason supports a supreme principle of both morality and legality. The contributors to this book cast a fresh critical eye over the coherence of modern approaches to ethical rationalism within law and reflect on the intellectual history on which it builds. …
Finding hidden patterns in ECtHR’s case law
This article is concerned with identifying how contemporary data technology can be used to find and analyse the big amount of case law generated by international courts in a more comprehensive way than that achieved through the traditional manual reading of case law at the core of textbook or doctrinal analysis of judgements. The focus of the article is the European Court of Human Rights (ECtHRs) and its Article 14 + 2 case law, which is studied …
Can Quantitative Methods Complement Doctrinal Legal Studies? Using Citation Network and Corpus Linguistic Analysis to Understand International Courts
A recent editorial in this journal stressed the need to rearticulate the methodology – and thereby the distinctiveness – of international law in the context of blurring disciplinary lines between international law and international relations. The aim of this article is to contribute to the methodological aspect of the debate. First, the article outlines a legal empirical approach , which complements legal methodology of international law with emp…
The End of an Era
Ninety per cent of international courts’ (ICs) legal decisions have been issued within the last two decades. This increase in case law - along with other significant changes in the operation of ICs - signals a new form of judicialised international law. This change is best described as a shift from a 'static' regime of contractual relations between sovereign states to a more 'organic' regime of 'living law'. In criminal law, this development is e…
Legal Autonomy and Reflexive Rationality in Complex Societies
Proponents of the idea that law has assumed an endemically closed character consider that there are severe limits to the possibility of successful legal regulation in highly complex and socially differentiated societies. This idea reaches its most radical form in the theory of law as an autopoietic system which suggests that the autonomous individual at the core of most traditional legal theory should be replaced by the self-creating and self-mai…
European Community—Maastricht Treaty—delegation of power to international organizations under Danish Constitution—right to democracy—power of Danish courts to review acts by Community organs
Decision Concerning the Maastricht Treaty. 1998 Ugeskrift for Retsvaesen, H 800. Supreme Court of Denmark, April 6, 1998. In this case the Danish Supreme Court decided that the ratification and the incorporation into Danish law of the Maastricht Treaty creating the European Union are consistent with the Danish Constitution of 1953. It also reserved the right for Danish courts to review Community decisions for consistency with the Act on Denmark's…
Can Quantitative Methods Complement Doctrinal Legal Studies? Using Citation Network and Corpus Linguistic Analysis to Understand International Courts
A recent editorial in this journal stressed the need to rearticulate the methodology – and thereby the distinctiveness – of international law in the context of blurring disciplinary lines between international law and international relations. The aim of this article is to contribute to the methodological aspect of the debate. First, the article outlines a legal empirical approach , which complements legal methodology of international law with emp…
Legal Autonomy and Reflexive Rationality in Complex Societies
Proponents of the idea that law has assumed an endemically closed character consider that there are severe limits to the possibility of successful legal regulation in highly complex and socially differentiated societies. This idea reaches its most radical form in the theory of law as an autopoietic system which suggests that the autonomous individual at the core of most traditional legal theory should be replaced by the self-creating and self-mai…
Finding hidden patterns in ECtHR’s case law
This article is concerned with identifying how contemporary data technology can be used to find and analyse the big amount of case law generated by international courts in a more comprehensive way than that achieved through the traditional manual reading of case law at the core of textbook or doctrinal analysis of judgements. The focus of the article is the European Court of Human Rights (ECtHRs) and its Article 14 + 2 case law, which is studied …
European Community—Maastricht Treaty—delegation of power to international organizations under Danish Constitution—right to democracy—power of Danish courts to review acts by Community organs
Decision Concerning the Maastricht Treaty. 1998 Ugeskrift for Retsvaesen, H 800. Supreme Court of Denmark, April 6, 1998. In this case the Danish Supreme Court decided that the ratification and the incorporation into Danish law of the Maastricht Treaty creating the European Union are consistent with the Danish Constitution of 1953. It also reserved the right for Danish courts to review Community decisions for consistency with the Act on Denmark's…
Legal Autonomy and Reflexive Rationality in Complex Societies
Proponents of the idea that law has assumed an endemically closed character consider that there are severe limits to the possibility of successful legal regulation in highly complex and socially differentiated societies. This idea reaches its most radical form in the theory of law as an autopoietic system which suggests that the autonomous individual at the core of most traditional legal theory should be replaced by the self-creating and self-mai…
The End of an Era
Ninety per cent of international courts’ (ICs) legal decisions have been issued within the last two decades. This increase in case law - along with other significant changes in the operation of ICs - signals a new form of judicialised international law. This change is best described as a shift from a 'static' regime of contractual relations between sovereign states to a more 'organic' regime of 'living law'. In criminal law, this development is e…
Ethical Rationalism and the Law
What role does reason play in determining what, if anything, is morally right? What role does morality play in law? Perhaps the most controversial answer to these fundamental questions is that reason supports a supreme principle of both morality and legality. The contributors to this book cast a fresh critical eye over the coherence of modern approaches to ethical rationalism within law and reflect on the intellectual history on which it builds. …
Finding hidden patterns in ECtHR’s case law
This article is concerned with identifying how contemporary data technology can be used to find and analyse the big amount of case law generated by international courts in a more comprehensive way than that achieved through the traditional manual reading of case law at the core of textbook or doctrinal analysis of judgements. The focus of the article is the European Court of Human Rights (ECtHRs) and its Article 14 + 2 case law, which is studied …
Can Quantitative Methods Complement Doctrinal Legal Studies? Using Citation Network and Corpus Linguistic Analysis to Understand International Courts
A recent editorial in this journal stressed the need to rearticulate the methodology – and thereby the distinctiveness – of international law in the context of blurring disciplinary lines between international law and international relations. The aim of this article is to contribute to the methodological aspect of the debate. First, the article outlines a legal empirical approach , which complements legal methodology of international law with emp…
Explaining power and authority in international courts
It has recently been suggested that the study of international legal life should take an ‘empirical turn’: a turn which has often focused on how patterns of authority emerge and operate in relation to international courts. In what follows it is argued that this empiricism fails to distinguish (for the purposes of sociological inquiry) authority from various other concepts such as power or consensus in the study of international law and courts. Th…
Adjudicating national contexts – Domestic particularity in the practices of the European Court of Human Rights
The established view in textbooks and legal commentary is that the Court’s case law should be viewed as a coherent whole. In this article, we ask whether European human rights law is as unified and European as is often presumed. Based on a citation network of all Chamber judgments from 1998–2018, we argue that the practice of the Court is to some extent split in different strands of case law, where the Court reuses particular factual and legal ar…
Un scandale danois
Alors que le Danemark est auréolé d’une réputation flatteuse concernant le fonctionnement de l’État de droit dans les classements internationaux, la décision du gouvernement d’abattre tous les visons d’élevage par peur d’une mutation du coronavirus a terni le tableau. En particulier lorsqu’on a découvert qu’il n’y avait pas de base légale pour cette décision très importante, impliquant les acteurs de la santé et de la police et ayant abouti à l’e…
Network analysis and comparative migration law
Network analysis and comparative migration law
International migration law (IML) is famously fragmented, which provides fertile ground for comparative inquiry. However, this task is inhibited the heterodox nature of IML as it draws on a composite body of law that is expressed in different concepts, interpretations and languages. This paper presents network analysis as one useful methodology for navigating IML's normative architecture and empirically mapping case law and its interrelations. Pa…
Doctrinal Legal Science
Doctrinal legal scholarship faces persistent challenges from empirical approaches, but such criticism rarely seeks to encounter doctrine on its own terms. In this article, we seek to excavate the theoretical and methodological basis of doctrinal legal scholarship by situating the discipline in a hermeneutic continuum between theory and practice, or law’s engagement with the social world. We first unfold this dynamic as an exercise in methodologic…
Law (11 works) · Political science (11 works) · Sociology (8 works) · European and International Law Studies (6 works) · Law (6 works) · Human rights (5 works) · Law and economics (5 works) · Comparative and International Law Studies (4 works) · Business (3 works) · Comparative law (2 works)