This interview with Jeremy Waldron covers three topics. Firstly, we dealt with the methodology debate, that is, the discussion about how to proceed in analyzing the nature of law. Does the question ‘What is law?’ require a descriptive analysis of the concept of law or, rather, a normative exercise in political philosophy? Secondly, we spoke about the role of law in response to historic injustice, especially in relation to the restitution of property rights. On this topic Waldron vindicates the ‘supersession-thesis’, the idea that, due to changed circumstances and the passage of time, historic injustices become superseded. The third section of the interview is devoted to Waldron’s perspective on the citation of foreign law by national judges. |
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Journal | Netherlands Journal of Legal Philosophy, Issue 1 2009 |
Keywords | normative positivism, historic injustice, restitution of property rights, citation of foreign law, methodology debate |
Authors | Kees Quist and Wouter Veraart |
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