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). |
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Journal | Netherlands Journal of Legal Philosophy, Issue 2 2014 |
Keywords | reciprocity, normativity |
Authors | Prof. Dr. Hans Lindahl PhD and Bart van Klink |
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Book Review |
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Journal | Netherlands Journal of Legal Philosophy, Issue 2 2014 |
Authors | Willem Witteveen PhD |
Article |
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Journal | Netherlands Journal of Legal Philosophy, Issue 2 2014 |
Keywords | Hobbes, reciprocity, rule of Law, conscience, legality, liberty |
Authors | David Dyzenhaus PhD |
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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. |
Discussion |
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Journal | Netherlands Journal of Legal Philosophy, Issue 1 2014 |
Authors | Antony Duff |
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Journal | Netherlands Journal of Legal Philosophy, Issue 1 2014 |
Keywords | racial profiling, stop-and-frisk, presumption of innocence, communicative theories of criminal law, social inequality and criminal law |
Authors | Peter DeAngelis |
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I argue that a compelling way to articulate what is wrong with racial profiling in policing is to view racial profiling as a violation of the presumption of innocence. I discuss the communicative nature of the presumption of innocence as an expression of social trust and a protection against the social condemnation of being undeservingly investigated, prosecuted, and convicted for committing a crime. I argue that, given its communicative dimension, failures to extend the presumption of innocence are an expression of disrespect. I take the New York Police Department’s stop-and-frisk policy as an example of racial profiling and argue that its use of race-based forms of suspicion as reasons for making stops is a violation of the presumption of innocence. I maintain that this systemic failure to extend the presumption of innocence to profiled groups reveals the essentially disrespectful nature of the NYPD policy. |
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Journal | Netherlands Journal of Legal Philosophy, Issue 1 2014 |
Keywords | age discrimination, intergenerational justice, complete-life view, statistical discrimination, anti-discrimination law |
Authors | Axel Gosseries |
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This paper provides an account of what makes age discrimination special, going through a set of possible justifications. In the end, it turns out that a full understanding of the specialness of age-based differential treatment requires that we consider together the ‘reliable proxy,’ the ‘complete-life neutrality,’ the ‘sequence efficiency’ and the ‘affirmative egalitarian’ accounts. Depending on the specific age criteria, all four accounts may apply or only some of them. This is the first key message of this paper. The second message of the paper has to do with the age group/birth cohort distinction. All measures that have a differential impact on different cohorts also tend to have a differential impact on various age groups during the transition. The paper points at the practical implications of anti-age-discrimination law for differential treatment between birth cohorts. The whole argument is confronted all along with ECJ cases. |