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Tolerance : Experiments with Freedom in the Netherlands
This book presents a collection of philosophical essays on freedom and tolerance in the Netherlands. It explores liberal freedom and its limits in areas such as freedom of speech, public reason, sexual morality, euthanasia, drugs policy, and minority rights. The book takes Dutch practices as exemplary test cases for the principled discussions on these subjects from the perspective of political liberalism. Indeed, the Netherlands may be viewed as a social laboratory in human tolerance. During the Cultural Revolution of the 1960s, Holland took the lead in a global emancipation process towards a society based on equal freedom. It was the first country to legalize euthanasia, soft drugs and gay marriage. In the final sections, the book examines the question of whether the political murders on the politician Pim Fortuyn and the film director Theo van Gogh, the reactions to Ayaan Hirsi Ali’s film Submission, as well as the success of the populist politician Geert Wilders are signs of the end of Dutch tolerance. Although it recognizes that the political climate has taken a conservative turn, the book shows that the Netherlands still shows remarkable tolerance.
Tolerance : Experiments with Freedom in the Netherlands
This book presents a collection of philosophical essays on freedom and tolerance in the Netherlands. It explores liberal freedom and its limits in areas such as freedom of speech, public reason, sexual morality, euthanasia, drugs policy, and minority rights. The book takes Dutch practices as exemplary test cases for the principled discussions on these subjects from the perspective of political liberalism. Indeed, the Netherlands may be viewed as a social laboratory in human tolerance. During the Cultural Revolution of the 1960s, Holland took the lead in a global emancipation process towards a society based on equal freedom. It was the first country to legalize euthanasia, soft drugs and gay marriage. In the final sections, the book examines the question of whether the political murders on the politician Pim Fortuyn and the film director Theo van Gogh, the reactions to Ayaan Hirsi Ali’s film Submission, as well as the success of the populist politician Geert Wilders are signs of the end of Dutch tolerance. Although it recognizes that the political climate has taken a conservative turn, the book shows that the Netherlands still shows remarkable tolerance.
African Philosophy and Interculturality
De inleiding op het feitelijke thema van deze speciale uitgave van Filosofie & Praktijk, volgt hierna in “Introductory: African philosophy and interculturality”. Naast de leden van de themaredactie – Birgit Boogaard, Michael Eze en Cees Maris – wordt aan het nummer verder meegewerkt door, in alfabetische volgorde: Yonas B. Abebe, Joseph C. A. Agbakoba, Anthony Chinaemerem Ajah, Henk Haeen, Wilfred Lajul, Stephnen Nkansah Morgan, Pius Mosima, Louise F. Müller, Beatrice Okyere-Manu, Angela Roothaan, Vitalis Chukwuemeka Ugwu, Meera Venkatachalam. Korte informatie over de auteurs is aan het slot van dit nummer bijeen gebracht in “About the authors”. The introduction to the actual to...
Law, Order and Freedom
The central question in legal philosophy is the relationship between law and morality. The legal systems of many countries around the world have been influenced by the principles of the Enlightenment: freedom, equality and fraternity. The position is similar in relation to the accompanying state ideal of the democratic constitutional state as well as the notion of a welfare state. The foundation of these principles lies in the ideal of individual autonomy. The law must in this view guarantee a social order which secures the equal freedom of all. This freedom is moreover fundamental because in modern pluralistic societies a great diversity of views exist concerning the appropriate way of life. This freedom ideal is however also strongly contested. In Law, Order and Freedom, a historical overview is given pertaining to the question of the extent to which the modern Enlightenment values can serve as the universal foundation of law and society.
Analogical Reasoning in Law
This work tackles the most intriguing type of reasoning which one may employ within the field of law. In addition to the merits and drawbacks of legal analogy, it discusses the orthodox approaches to it, together with their critical analysis, also posing challenges that these conceptions have difficulty in managing. As an alternative, the book advances an account of legal analogical reasoning that correlates well with the division into rational and intuitive thinking that occurs in contemporary psychology. By doing so, many of the unique properties of legal analogy which have been traditionally associated with it and which have often been difficult to explain become readily understandable. Moreover, the very source of the almost mystical faith in power and infallibleness of such analogy is revealed here, while this faith—astonishing or not—not only escapes condemnation, but is shown to be warranted from a scientific point of view. Finally, the book also presents vast scope of application, premises, schematic structures and factors able to influence the force of legal analogy.
Critique of the Empiricist Explanation of Morality
a. 'Two things fill the mind with ever new and increasing admiration and awe, the oftener and the more steadily we reflect on them: the starry heavens above and the moral law within. ' Thus Kant formulates his attitude to morality (Critique of Practical Reason, p. 260). He draws a sharp distinction between these two objects of admiration. The starry sky, he writes, represents my relationship to the natural, empirical world. Moral law, on the other hand, is of a completely different order. It ' . . . begins from my invisible self, my personality, and exhibits me in a world which has true infinity, but which is traceable only by the understanding and with which I discern that I am not in a merely contingent but in a universal and necessary connection (. . . ). ' (p. 260). So Kant sees morality as a separate metaphysical order opposed to the world of empirical phenomena. Human beings belong to both worlds. According to Kant, the personality derives nothing of value from its relationship with the empirical world. His part in the sensuous world of nature places man on a level with any animal which before long must give back to the rest of nature the substances of which it is made.
The Routledge Handbook of International Crime and Justice Studies
This book presents the enduring debates and emerging challenges in crime and justice studies from an international and multi-disciplinary perspective.
Pluralism and Law
Contents Brenda M. Baker: Will Kymlicka on Minority Cultures and their Entitlements - Patricia Smith: Legal Reason, Human Rights and Plural Values - B. de Castro Cid: Some paradoxes about collective human rights - Winfried Brugger: The Common Good and Pluralism in the Modern Constitutional State - Carla M. Zoethout: Does the multicultural Society Require New Human Rights? An Appeal to the Ideal of Constitutional Democracy - Valentin Petev: Legal Ought and Moral Ought in a Pluralistic Society - John Mikhail: Islamic Rationalism and the Foundation of Human Rights - Kamal Hossain: Pluralism and the Law, Evolving legal frameworks for change in Muslim societies: some reflections - Kate McMillan: ...
International Human Rights and Mental Disability Law
Examining the mistreatment of persons with mental disabilities around the world, Michael Perlin identifies universal factors that contaminate mental disability law, including lack of comprehensive legislation and of independent counsel; inadequate care; poor or nonexistent community programming; and inhumane forensic systems.
Learning Legal Rules
Bringing together the theory, structure, and practice of legal reasoning in an accessible style, this book explains how to uncover and exploit the mysteries of legal materials. It draws the student into the techniques of legal analysis and argument and the operation of precedent and statutory interpretation.
