Search result: 2 articles

x
The search results will be filtered on:
Category Discussion x
Discussion

Access_open ‘Nothing Spells Freedom Like a Hooters Meal’

Journal Netherlands Journal of Legal Philosophy, Issue 3 2012
Keywords Enlightenment universalism, self-governance, freedom, moral point of view, political participation
Authors Ronald Tinnevelt
AbstractAuthor's information

    Winter’s criticism of the conventional account of freedom and democracy is best understood against the background of the history of Enlightenment critique. Winter claims that our current misunderstanding of freedom and self-governance is the result of the strict dichotomy between subject and object. This paper critically reconstructs Winter’s notion of freedom and self-governance which does not adequately address (a) the details of his anti-collectivist claim, and (b) the necessary conditions for the possibility of a moral point of view. This makes it difficult to determine how Winter can distinguish between freedom and lack of freedom, and to assess the limited or radical nature of his critique of Enlightenment universalism.


Ronald Tinnevelt
Ronald Tinnevelt is Associate Professor Philosophy of Law at Radboud University, Nijmegen.
Discussion

Access_open The Globalizing Turn in the Relationship Between Constitutionalism and Democracy

Some Reiterations from the Perspective of Constitutional Law

Journal Netherlands Journal of Legal Philosophy, Issue 3 2010
Keywords constitutional law, constitutionalism, historic constitutions, revolutionary constitutions, pouvoir constituant (irrelevance of)
Authors Leonard F.M. Besselink
AbstractAuthor's information

    This essay complements Walker’s essay with some historical and constitutional observations. It submits that Walker’s analysis is based to a large extent on reasoning derived from a particular continental European constitutional tradition. This creates certain problems of its own, that do not arise in a different constitutional tradition. This is not to say, however, that this invalidates his conclusions, but rather underpins them in an alternative manner.


Leonard F.M. Besselink
Leonard Besselink is Professor of European Constitutional Law in the Faculty of Law of the University of Utrecht, the Netherlands.
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.