Latest blog articles

  • Democracy and Nihilism: denouncing contemporary populist rhetoric

    In this piece, I will use two memes to begin to unpack what I think is the common denominator of contemporary populist rhetoric. I will explain that the real substance of this rhetoric is the creation of a false moral equivalence, revealing a nihilism. Finally, I will suggest how this false moral...

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  • Is ‘MOCCA’ in class 30 generic in China?

    What does the term ‘MOCCA’ evoke in your mind, a kind of coffee or a specific brand? This Kat randomly asked this question to her friends currently at the Max Planck Institute for Innovation and Competition Munich. Most of them regarded ‘MOCCA’ as a kind of coffee instead of a specific brand except...

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  • The 'goldfish phone booth' copyright case in Japan

    Nobuki Yamamoto, a Japanese contemporary artist, made an eye-catching work of ‘goldfish swimming in a phone booth’ (‘Work 1’) by December 2000 at the latest. In October 2011, a student organisation called ‘Goldfish Club’ at Kyoto University of Art and Design produced Work 2 and exhibited it for a...

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  • For the law, cognitive sciences should not change everything, but still a lot

    My message is, however, that next to the main lines of law’s contents, law students should learn about the ways in which law affects society and its participants. In this connection, they should study selected topics from sociology, but also – and that is the main message here – the cognitive...

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  • Do we know what law is?

    A little bit of provocation sharpens the mind. Let me therefore start with a provocative thesis: Most lawyers have no idea what law is.

    What is law
  • Is there such a thing as ‘European Private Law’?

    Is there such a thing as ‘European private law’? In my opinion there is not, just as there is no Dutch, French, English, or Chinese private law. Let me explain. Legal rules, including rules of private law, have many characteristics. 

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