Netherlands Journal of Legal Philosophy
Journal Data
| Type | JOURNAL |
|---|---|
| Publisher | Boom Uitgevers Den Haag |
| ISSN | 2213-0713 / 2213-0721 |
| Wikidata | Q96718412 |
| OpenAlex | S4210233563 |
| MAG | 4210233563 |
| Website | http://www.elevenjournals.com/tijdschrift/rechtsfilosofieentheorie |
| Total publications | 6 |
| Coverage period | 2014 - 2023 |
| Country | NL |
| Language | EN |
| Access | Open Access |
| Cited by | 3 |
| h-index | 1 |
This journal is dedicated to legal philosophy. While legal anthropology is a subfield, this venue's focus is on philosophical aspects of law rather than the social, cultural, or ethnographic study of legal systems, making its intersection with anthropology loose
African history and culture analysis · American Constitutional Law and Politics · Comparative and International Law Studies · Conflict of Laws and Jurisdiction · Criminal Law and Evidence · Critical Theory and Philosophy · Dutch Social and Cultural Studies · European and International Contract Law · European and International Law Studies · European Criminal Justice and Data Protection
Rawls, Habermas and Liberal Democratic Law
The theoretical undertakings of both Rawls and Habermas pivot on an aspiration to explain (and surely to promote through explanation) the Enlightenment ideal of reason reflected in the idea of liberal democracy. The thoughts developed in my book The Concept of Liberal Democratic Law (2020, CLDL hereafter) pivot on the same aspiration. What obviously distinguishes the theoretical undertaking in CLDL from those of Habermas and Rawls, is the greater…
Biopolitics and the Coronavirus
In some recent blog posts, Giorgio Agamben resists the emergency measures taken in Italy and elsewhere in response to the outbreak of the coronavirus as irrational and unfounded. According to Agamben, COVID-19 is nothing really different from the normal flus that affect us every year. The governmental reaction to the outbreak would be just another example of the tendency to use the state of exception as a normal paradigm for government. With terr…
The Justification of Basic Rights
The Justification of Basic Rights: A Discourse-Theoretical Approach In this paper, I suggest a discourse theory of basic legal rights that is superior to rival approaches, such as a will-based or an interest-based theory of rights. Basic rights are reciprocally and generally justifiable and binding claims on others (agents or institutions) that they should do (or refrain from doing) certain things determined by the content of these rights. We cal…
Freedom of Religion, Inc
This article focuses on an expansive conception of religious freedom propagated by a vocal group of American legal scholars – jurisdictional pluralists – often working with well-funded conservative foundations and influencing accommodation decisions throughout the US. I show that the proliferation of 'accommodation' claims in the name of church autonomy and religious conscience entailing exemption from civil regulation and anti-discrimination law…
Reciprocity
For justice exists only between men whose mutual relations are governed by law; and law exists for men between whom there is injustice.'Aristotle
Idealized versus Real-Life Reciprocity
Idealized versus Real-Life Reciprocity: How to Strike the Balance? Rawls’s ’idealized’ notion of reciprocity is compared with the ’real-life’ concept of reciprocity as it has been developed in social scientific theory. The two perspectives appear to differ significantly as concerns dimensions related to equality, human motivation, the temporal aspects of reciprocity, and the supposed mental origin of reciprocity. Whereas norms of obligation and f…
Freedom of Religion, Inc
This article focuses on an expansive conception of religious freedom propagated by a vocal group of American legal scholars – jurisdictional pluralists – often working with well-funded conservative foundations and influencing accommodation decisions throughout the US. I show that the proliferation of 'accommodation' claims in the name of church autonomy and religious conscience entailing exemption from civil regulation and anti-discrimination law…
Idealized versus Real-Life Reciprocity
Idealized versus Real-Life Reciprocity: How to Strike the Balance? Rawls’s ’idealized’ notion of reciprocity is compared with the ’real-life’ concept of reciprocity as it has been developed in social scientific theory. The two perspectives appear to differ significantly as concerns dimensions related to equality, human motivation, the temporal aspects of reciprocity, and the supposed mental origin of reciprocity. Whereas norms of obligation and f…
Reciprocity
For justice exists only between men whose mutual relations are governed by law; and law exists for men between whom there is injustice.'Aristotle
Idealized versus Real-Life Reciprocity
Idealized versus Real-Life Reciprocity: How to Strike the Balance? Rawls’s ’idealized’ notion of reciprocity is compared with the ’real-life’ concept of reciprocity as it has been developed in social scientific theory. The two perspectives appear to differ significantly as concerns dimensions related to equality, human motivation, the temporal aspects of reciprocity, and the supposed mental origin of reciprocity. Whereas norms of obligation and f…
Freedom of Religion, Inc
This article focuses on an expansive conception of religious freedom propagated by a vocal group of American legal scholars – jurisdictional pluralists – often working with well-funded conservative foundations and influencing accommodation decisions throughout the US. I show that the proliferation of 'accommodation' claims in the name of church autonomy and religious conscience entailing exemption from civil regulation and anti-discrimination law…
The Justification of Basic Rights
The Justification of Basic Rights: A Discourse-Theoretical Approach In this paper, I suggest a discourse theory of basic legal rights that is superior to rival approaches, such as a will-based or an interest-based theory of rights. Basic rights are reciprocally and generally justifiable and binding claims on others (agents or institutions) that they should do (or refrain from doing) certain things determined by the content of these rights. We cal…
Biopolitics and the Coronavirus
In some recent blog posts, Giorgio Agamben resists the emergency measures taken in Italy and elsewhere in response to the outbreak of the coronavirus as irrational and unfounded. According to Agamben, COVID-19 is nothing really different from the normal flus that affect us every year. The governmental reaction to the outbreak would be just another example of the tendency to use the state of exception as a normal paradigm for government. With terr…
Rawls, Habermas and Liberal Democratic Law
The theoretical undertakings of both Rawls and Habermas pivot on an aspiration to explain (and surely to promote through explanation) the Enlightenment ideal of reason reflected in the idea of liberal democracy. The thoughts developed in my book The Concept of Liberal Democratic Law (2020, CLDL hereafter) pivot on the same aspiration. What obviously distinguishes the theoretical undertaking in CLDL from those of Habermas and Rawls, is the greater…