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Nils Weinberg

Nils studied law at Humboldt University Berlin (First Legal State Exam 2019, Prize of the Faculty of Law, rank 1/546) and at The London School of Economics and Political Science (Master of Laws 2020, Stanley De Smith Prize). He has been a research assistant at the Chair of Public Law and Jurisprudence at Humboldt University (Prof. Christoph Möllers) since 04/2019. His main interests include German constitutional law, anti-discrimination law and legal theory.

Freedom is generally not considered to be a fundamental concept in anti-discrimination law. However, there is a long-standing tradition of German and European jurisprudence in which anti-discrimination is approached in terms of freedom and self-determination. The PhD project therefore conceptualizes anti-discrimination law along the lines of freedom, not equality.

The relevant jurisprudence is characterized by a contradiction between freedom and coercion, which is constitutive for social identities as the substance of anti-discrimination law: social identities are self-determined, but not chosen and therefore characterized by a moment of coercion. Because of this structure, they can be understood as Hegelian second nature: freedom’s mode of realization in Sittlichkeit. However, Hegel’s concept of freedom, which as realized threatens to solidify and therefore to turn into unfreedom, is dialectical. This dialectic characterizes the social identities protected by anti-discrimination law. Their peculiar character of being self-determined, but not chosen is grounded in the form of freedom.

Because of its inherent dialectic, anti-discrimination law can be made the object of immanent legal critique. The PhD project aims at presenting such an immanent legal critique for selected areas of anti-discrimination law (gender, religion, disability), proving the transformative effect of a liberal theory of anti-discrimination law.

 

»Ansätze zur Dogmatik der intersektionalen Benachteiligung«, in: Europäische Zeitschrift für Arbeitsrecht 2020, S. 60-77

»Die Klimaschutzentscheidung des Bundesverfassungsgerichts«, in: JZ 2021, S. 1069-1078 (gemeinsam mit Christoph Möllers)

Freie Universität Berlin
Humboldt Universität zu Berlin
Universität der Künste Berlin
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