Search result: 2 articles

x
The search results will be filtered on:
Journal Netherlands Journal of Legal Philosophy x Year 2014 x Category Article x
Article

Access_open Introduction: Reciprocity and the Normativity of Legal Orders

Journal Netherlands Journal of Legal Philosophy, Issue 2 2014
Keywords reciprocity, normativity
Authors Prof. Dr. Hans Lindahl PhD and Bart van Klink
AbstractAuthor's information

    This contribution introduces the special issue, which contains a selection of the lectures delivered by key-note speakers during the Summer School organized by the editors in August, 2013, at the behest of the Section of Ethics & Practical Philosophy of the Dutch Research School of Philosophy (OZSW).


Prof. Dr. Hans Lindahl PhD
Hans Lindahl is Professor of Legal Philosophy at Tilburg University.

Bart van Klink
Bart van Klink is Professor of Legal Methodology at the VU University Amsterdam.
Article

Access_open The Public Conscience of the Law

Journal Netherlands Journal of Legal Philosophy, Issue 2 2014
Keywords Hobbes, reciprocity, rule of Law, conscience, legality, liberty
Authors David Dyzenhaus PhD
AbstractAuthor's information

    I focus on Hobbes’s claim that the law is ’the publique Conscience, by which [the individual] (…) hath already undertaken to be guided.’ This claim is not authoritarian once it is set in the context of his complex account, which involves three different relationships of reciprocity: the contractarian idea that individuals in the state of nature agree with one another to institute a sovereign whose prescriptions they shall regard as binding; the vertical, reciprocal relationship between ruler and ruled; and the horizontal relationship between individuals in the civil condition, made possible by the existence of the sovereign who through enacting laws dictates the terms of interaction between his subjects. The interaction of these three relationships has the result that subjects relate to each other on terms that reflect their status as free and equal individuals who find that the law enables them to pursue their own conceptions of the good.


David Dyzenhaus PhD
David Dyzenhaus is a Professor of Law and Philosophy at the University of Toronto, and a Fellow of the Royal Society of Canada. His books include Hard Cases in Wicked Legal Systems: South African Law in the Perspective of Legal Philosophy (now in its second edition) and Legality and Legitimacy: Carl Schmitt, Hans Kelsen, and Hermann Heller in Weimar.
Showing all 2 results
You can search full text for articles by entering your search term in the search field. If you click the search button the search results will be shown on a fresh page where the search results can be narrowed down by category or year.