E-mail alert

Subscribe to our notification

Subscribe

Refine your search

Search result: 1 articles

x
The search results will be filtered on:
Journal Netherlands Journal of Legal Philosophy x Year 2009 x Category Article x
Article

Access_open Autonomie als voorwaarde tot legaliteit

Journal Netherlands Journal of Legal Philosophy, Issue 1 2009
Keywords autonomie, legaliteit, Brouwer, Fuller, certificering
Authors Pauline Westerman
AbstractAuthor's information

    Brouwer defended the view that the autonomy of the individual citizen is furthered by articulated, precise and clear legislation. The question arises whether all kinds of rules can be said to enhance such autonomy. It is argued that a distinction should be drawn between rules that dictate desirable outcomes, on the one hand, and rules that determine the way the game is played, on the other. Rules of the game often reflect the way they were drafted and can be seen as the embodiment of power relations between rule-makers. Rules that dictate outcomes, on the other hand, are often drafted by experts who analyse the goals to be reached. The view is defended that only rules of the game – potentially – enhance the autonomy of the citizen, whereas outcome-rules are potentially manipulative, tending to exclude those who are ill-equipped to realize the prescribed outcomes. The virtues of rules therefore do not merely reside in their clear and precise nature, but are largely derived from their capacity to regulate the relations amongst citizens who were included in the process of rulemaking.


Pauline Westerman
Pauline Westerman is hoogleraar Rechtsfilosofie aan de Rijksuniversiteit Groningen.
Showing 1 found text
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.