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Article

Access_open Nussbaum’s Capabilities Approach: In Need of a Moral Epistemology?

Journal Netherlands Journal of Legal Philosophy, Issue 3 2009
Keywords Martha Nussbaum, Capabilities Approach, moral epistemology, objectivity, residues of justice, Bernard Williams, political moralism
Authors Mr. Iris van Domselaar
AbstractAuthor's information

    Although Nussbaum’s “Capabilities Approach” (CA) clearly expresses a commitment to objectivity, this article argues that this commitment is rather ambiguous due to the conception of public reason it endorses. In particular, the CA cannot account for an objective justification of public reason, given certain characteristics of public reason. As a result, the CA jeopardizes the substantive aim it has set itself: to provide an objective justification for public choices regarding human capabilities and their specifications.


Mr. Iris van Domselaar
Iris van Domselaar is a Ph.D-student and lecturer at the Department of General Jurisprudence, Faculty of Law, University of Amsterdam. The subject of her thesis is “Residues of Justice and Tragic Legal Choice in a Liberal Rule of Law”.
Article

Access_open Het normatieve karakter van de rechtswetenschap: recht als oordeel

Journal Netherlands Journal of Legal Philosophy, Issue 3 2009
Keywords legal theory, science, methodology, normativity, knowledge
Authors Prof. mr. Carel Smith
AbstractAuthor's information

    Propositions of law are based upon normative judgement. The interpretation and application of legal provisions rest upon a judgement that determines which weight must be attributed to some point of view or perspective. In this respect, legal theory has a normative character. Its normative character does not preclude legal theory from being a scientific discipline. The scientific character of legal theory is not located in the possibility of testing the correctness of its theories. Rather, legal theory owes it scientific character to the shared standards of production and evaluation of legal arguments: the grammar of justice.


Prof. mr. Carel Smith
Carel Smith is associate professor at the Department of Metajuridica, Faculty of Law, Leiden University.
Article

Access_open Corporate Responsibility Revisited

Journal Netherlands Journal of Legal Philosophy, Issue 2 2009
Keywords individual responsibility, collective responsibility, legal liability, responsibility and politics
Authors prof. Philip Pettit
Abstract

    This paper responds to four commentaries on “Responsibility Incorporated”, restating, revising, and expanding on existing work. In particular, it looks again at a set of issues related primarily to responsibility at the individual level; it reconsiders responsibility at the corporate level; it examines the connection of this discussion to issues of responsibility in law and politics.


prof. Philip Pettit
Article

Access_open Morality Incorporated? Some Peculiarities of Legal Thinking

Journal Netherlands Journal of Legal Philosophy, Issue 2 2009
Keywords responsibility, accountability, imputation, liability
Authors prof. Bert van Roermund and prof. Jan Vranken
AbstractAuthor's information

    Responsibility disappears into the background of private law as it deals with imputation of liability. Fitness to be held liable is determined by normative viewpoints different from moral ones, in particular by convictions on how society ought to be organized so as to avoid or end conflict between private citizens. Modes of discursive control are geared to making authoritative decisions in view of the same end, and corporate agency is created, restricted or enlarged to undercut or to impose individual liability.


prof. Bert van Roermund
Bert Van Roermund is Professor of Philosophy at the Department of Philosophy of Tilburg University.

prof. Jan Vranken
Jan Vranken is Professor of Private Law at the Faculty of Law of Tilburg University and former Advocate General at the Dutch Supreme Court.
Article

Access_open Collective Responsibility, National Peoples, and the International Order

Journal Netherlands Journal of Legal Philosophy, Issue 2 2009
Keywords collective responsibility, international legitimacy, global justice
Authors prof. Ronald Tinnevelt
AbstractAuthor's information

    This paper critically scrutinizes Pettit’s defence of corporate and collective responsibility in the light three questions. First, does Pettit successfully argue the passage from corporate responsibility to the responsibility of embryonic group agents, in particular nations? Second, are representation and the authorial and editorial dimensions of democratic control sufficient to ensure that a state is under the effective and equally shared control of its citizens? Third, what kind of international order is required to prevent states from being dominated?


prof. Ronald Tinnevelt
Ronald Tinnevelt is Associate Professor of Legal Philosophy at the Faculty of Law of the Radboud University Nijmegen.
Article

Access_open Collective Criminal Responsibility: Unfair or Redundant

Journal Netherlands Journal of Legal Philosophy, Issue 2 2009
Keywords collective criminal responsibility;, individual responsibility
Authors dr. Govert den Hartogh
AbstractAuthor's information

    This paper argues, against Pettit’s thesis about the incorporation of responsibility, that holding collective agents criminally responsible is necessarily either redundant or unfair: redundant if responsibility can be distributed without remainder over individual persons; unfair if it cannot. It should be the task of legal systems to create chains of individual criminal responsibility encompassing executives, officials, and members of corporate agents.


dr. Govert den Hartogh
Govert den Hartogh is Professor of Ethics at the Department of Philosophy of the University of Amsterdam.
Article

Access_open ‘The Soviet Union did not have a legal system’

An interview with Jeremy Waldron on the methodology debate, historic injustice and the citation of foreign law

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
AbstractAuthor's information

    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.


Kees Quist
Kees Quist is junior lecturer and PhD fellow at Utrecht Law School.

Wouter Veraart
Wouter Veraart is professor of Legal Philosophy at the VU University Amsterdam.
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