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Netherlands Journal of Legal Philosophy

About this journal  
Issue 1, 2015 Expand all abstracts

Luigi Corrias
Luigi Corrias is Assistant Professor at the Department of Legal Theory and Legal History at VU University Amsterdam.

    The article considers the role of the liberal public-private divide in protecting religious minorities against national-majoritarian assault. It links the defence of the public-private divide to liberal neutrality and argues that it rests on two distinct propositions: that the distinction between the ’public sphere’ and the ’private sphere’ is a meaningful way to cognize and structure modern pluralistic societies; and that there is a meaningful way to distinguish what is or ought to be ‘public’ from what is or ought to be ‘private.’ While the latter proposition cannot be defended on grounds of liberal neutrality, the former proposition provides the institutional framework for conducting liberal politics by enabling the negotiation of the public and the private between national majorities and religious minorities as members of the same political community.


Daniel Augenstein
Daniel Augenstein is Associate Professor at the Department of European and International Public Law at Tilburg University.

    How best to account for moral quality in adjudication? This article proposes a six-pack of judicial virtues as part of a truly virtue-centred approach to adjudication. These virtues are presented as both constitutive and indispensible for realizing moral quality in adjudication. In addition, it will be argued that in order to honour the inherent relational dimension of adjudication a judge should not only possess these judicial virtues to a sufficient degree, he should also have the attitude of a civic friend. The Aristotelian concept of civic friendship will be proposed as an important complement to a virtue-ethical approach to adjudication.


Iris van Domselaar
Iris van Domselaar is Assistant Professor and Executive Director of the Amsterdam Centre on the Legal Professions (ACLP), Department of Law, University of Amsterdam.
Article

Access_open Blasfemie in de huidige context

Authors Jasper Doomen and Mirjam van Schaik
AbstractAuthor's information

    In this article, we inquire the merits of criminalizing blasphemy. We argue that religious views do not warrant a separate treatment compared to nonreligious ones. In addition, freedom of speech must be balanced against the interest of those who may be aggrieved by blasphemous remarks. We conclude that penalizing blasphemy is undesirable. It is fortunate, in that light, that acts of blasphemy have recently been decriminalized in The Netherlands by removing blasphemy as an offense from the Criminal Code. Still, other provisions appear to leave enough room to reach the same result, making the removal a possibly virtually aesthetic change. In the international context, it would be regrettable for The Netherlands to forgo the opportunity to take a leading role.


Jasper Doomen
Jasper Doomen is verbonden als docent/onderzoeker aan de afdeling Encyclopedie van de Rechtswetenschap van de Faculteit Rechtsgeleerdheid, Universiteit Leiden.

Mirjam van Schaik
Mirjam van Schaik is verbonden als docent/onderzoeker aan de afdeling Encyclopedie van de Rechtswetenschap van de Faculteit Rechtsgeleerdheid, Universiteit Leiden.

    I will argue that it is possible to give a neutral or antiperfectionist legitimation for state support for religion, which I consider a perfectionist good that is not in the common interest. I will argue that state support for perfectionist goods (and thus also for religion) can, in some circumstances and under certain conditions, be allowed as a second-best option in order to guarantee an adequate range of valuable options to choose among - and this range of options is a necessary condition for autonomy. Subsequently, I will argue that the bottom line - which is also the limit - for support is a sufficient range of valuable options. Furthermore, I will argue that state support for religion is only allowed if there is a democratic consensus about the value of that particular perfectionist good. Finally, I will claim that state support for religion is only allowed under certain conditions.


Leni Franken
Leni Franken is als doctor-assistente verbonden aan het Centrum Pieter Gillis (Universiteit Antwerpen), waar zij levensbeschouwing doceert in de faculteiten Rechten en Toegepaste Ingenieurswetenschappen.

Raf Geenens
Raf Geenens is Assistant Professor at the Institute of Philosophy of the KU Leuven (Belgium).
Book Review

Access_open Erik De Bom (red.), Europese gedachten

Authors Bertjan Wolthuis
Author's information

Bertjan Wolthuis
Bertjan Wolthuis is Assistant Professor at the department of Legal Theory and Legal History at VU University Amsterdam.

Citation format

Would you like to cite a publication in the Netherlands Journal of Legal Philosophy? You could do this in the following way:

Christoph Kletzer, ‘Absolute Positivism’, NJLP 2013/2 p. 87-99