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Netherlands Journal of Legal Philosophy


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Issue 1, 2012 Expand all abstracts
Editorial

Access_open Internationalisering en naamsverandering

Authors Mireille Hildebrandt

Mireille Hildebrandt
Miscellaneous

Access_open Strafrecht en liberalisme

Ontwikkelingen rond strafrecht waarover liberalen zich zorgen zouden moeten maken

Authors Anne Ruth Mackor
Author's information

Anne Ruth Mackor
Anne Ruth Mackor is Professor of Professional Ethics, in particular of legal professions, at the Faculty of Law and Socrates Professor of Professional Ethics at the Faculties of Theology and Philosophy at the University of Groningen.
Article

Access_open Hoe neutraal is kerkfinanciering?

Kritische analyse van het Belgische erkennings- en ondersteuningsbeleid

Keywords liberalism, neutrality, church-state policy, (anti)perfectionism, Belgium
Authors Leni Franken and Patrick Loobuyck
AbstractAuthor's information

    In this article, the authors explore how active state support for religions and worldviews could be in accordance with the principle of liberal neutrality. They focus on the Belgian church-state policy because this policy is characterised by an explicit and extended form of active support for recognised worldviews. If this policy is in accordance with liberal neutrality, some other, weaker forms of state support for religions and worldviews may also be in accordance with this neutrality principle. In the light of these considerations, the authors make some suggestions about possible ways to bring the Belgian church-state policy more in accordance with liberal neutrality.


Leni Franken
Leni Franken is a researcher at the Centre Pieter Gillis of the University of Antwerp, where she prepares a PhD on church, state and neutrality.

Patrick Loobuyck
Patrick Loobuyck is Associate Professor at the Centre Pieter Gillis of the University of Antwerp and guest professor at the Department of Philosophy and Moral Science at Ghent University.
Article

Access_open Arbeidsplicht, rechtvaardigheid en de grondslagen van het socialezekerheidsrecht

Keywords John Rawls, Stuart White, compulsory labor, reciprocity, social law
Authors Anja Eleveld
AbstractAuthor's information

    The author argues that normative questions in social law are in need of a more philosophical approach. This is particularly true for the evaluation of Work-first arrangements. She proposes to evaluate workfare policies from the perspective of the reciprocity principle as it is deployed in the work of the liberal egalitarians John Rawls and Stuart White. While Rawls’ interpretation of the reciprocity principle seems to be at odds with Dutch jurisprudence on workfare policies, which allows for Work-first arrangements within the boundaries that are set by article 4 of the European Convention on Human Rights (a prohibition on compulsory labor), White’s approach rather encourages work obligations for welfare recipients, on the condition that citizens acquire individual drawing rights on collective participation funds.


Anja Eleveld
Anja Eleveld is a PhD student at the Social Law Department of Leiden University, where she participates in the research program ‘Reform of social security’.
Article

Access_open De Drittwirkung van grondrechten

Retorisch curiosum of vaandel van een paradigmatische omwenteling in ons rechtsbestel?

Keywords Drittwirkung, horizontal effect of human rights, constitutionalisation of private law
Authors Stefan Somers
AbstractAuthor's information

    This article discusses whether the horizontal effect of human rights marks a new paradigm in legal systems or is merely a new style in legal rhetoric. In doing so, much attention is paid to the differences between direct and indirect horizontal effect. Departing from social contract theory the article explains that the protection of human right values in horizontal relations is an essential feature of modern constitutionalism. It also analyses whether these values in horizontal relations should be protected by private law or by human rights. This question is looked at from a substantial, a methodological and an institutional perspective. In the end, because of institutional power balancing, the article argues in favor of an indirect horizontal effect of human rights.


Stefan Somers
Stefan Somers is a researcher at the Department of Interdisciplinary Studies at the VUB (Free University of Brussels) and prepares a PhD on the relationship between human rights and tort law.
Article

Access_open De complexiteit van het kwaad

Een kritische lezing van Hannah Arendts Eichmann in Jerusalem

Keywords banality of evil, Hannah Arendt, Adolf Eichmann, Holocaust studies, philosophy of international criminal law
Authors Klaas Rozemond
AbstractAuthor's information

    In her book Eichmann in Jerusalem Hannah Arendt concluded that the Eichmann trial taught us the lesson of the ‘fearsome, word-and-thought-defying banality of evil’. Arendt explained the concept of banality as thoughtlessness: Eichmann did not realize what he was doing when he planned and executed the Final Solution of the Jewish Question in Nazi Germany. In this article Arendt’s analysis of Eichmann’s evil is criticized from an internal perspective: the conclusion that Eichmann was thoughtless cannot be founded on the information Arendt herself gives, especially her reports on Eichmann’s idealism, his knowledge of Kant’s categorical imperative, his Pontius Pilate feeling during the Wannsee Conference, and the two crises of conscience Eichmann experienced during the Holocaust. This information shows that Eichmann clearly realized what he was doing in a moral sense and consciously decided to go on with the Final Solution on the basis of his own convictions as a Nazi.


Klaas Rozemond
Klaas Rozemond is Associate Professor of Criminal Law at the VU University of Amsterdam.

Irawan Sewandono
Irawan Sewandono is a lecturer at the Open University (Dutch constitutional and administrative law) and has been a law clerck at the Central Appeals Board (social benefits) and civil servant in the Justice Ministery (legislative department).

Mark Coeckelbergh
Mark Coeckelbergh (Ph.D., University of Birmingham) teaches philosophy of technology at the University of Twente, The Netherlands.