Inleidend studieboek op universitair niveau over de Nederlandse rechtswetenschap.

Constitutional Charters or Bill of Rights have been applauded because of the protection they provide to minorities and also in ensuring and protecting fundamental rights, however, Charters have been criticized for being considered morally and politically objectionable. The author responds to Charter critics most serious objections and offers some reasons for adopting an alternative framework.

In this paper I defend constitutional review against the charge that it neces- sarily runs afoul of democratic principle. In so doing, I draw both on Dworkin’s theory of constructive interpretation as well as Raz’s theory of detached normative statements and reasoning from a point of view. After arguing that constructive interpretation can be undertaken from a point of view other than that of the interpreter, I go on to argue for the following claims: (1) Constitutional interpretation and review can (...) be undertaken from the point of view of the democratic community and its constitutional morality; (2) This process can be undertaken by a judge without the deliberate intrusion of her own personal moral convictions; (3) When undertaken from this point of view, constitutional interpretation and review can be rendered consistent with democracy; and (4) This is so even when these activities require a good deal of substantive moral reasoning and argument on the part of judges. (shrink)

The author's primary objective is to show that versions of legal positivism, according to which legal validity sometimes depends on moral validity (Inclusive Legal Positivism), are theoretically preferable to those forms of positivism (Exclusive Legal Positivism) which deny this possibility. The author attempts to substantiate this conclusion by demonstrating that Inclusive Legal Positivism provides a better theoretical account of challenges to legal validity based on a document like the Canadian Charter of Rights and Freedoms. His secondary aim is to show (...) that the choice between Inclusive and Exclusive Legal Positivism can have important consequences for legal practice. (shrink)

-/- In his rich and thoughtful paper, Richard Bellamy sketches a theory of individual rights that ascribes to them an inherently democratic character that “is best captured by a republican view of liberty as non-domination, rather than the standard liberal account of liberty as non-interference.” According to this view, “rights involve an implicit appeal to democratic forms of reasoning.” That is, the only justifiable “foundation of rights must be some form of ongoing democratic decision making that allows rights to be (...) claimed under conditions of political equality.” Bellamy uses this particular model of rights to defend a somewhat unique thesis concerning the legitimacy of judicial review under a constitutional charter or bill of rights (henceforth constitutional review). Many legal theorists question whether constitutional review can ever be rendered consistent with the theoretical and practical demands of democracy. According to these theorists, democracy embodies a form of self-rule whereby the members of a society establish and exercise legitimate authority over themselves. But self-rule seems seriously compromised once constitutional review enters the picture. Instead of having the people and their elected representatives setting the basic terms of social cooperation, we have instead a small group of elite, unelected, and unaccountable judges performing this vital task. Constitutional review empowers these individuals, in constitutional review cases, to substitute their own contestable views and preferences with respect to the basic terms of social cooperation for the duly considered views and preferences of the people and those whom they have duly elected to represent them. This is something one simply cannot tolerate in a democracy. (shrink)

In this paper, I defend H. L. A. Hart against two prevalent criticisms of his views on social rules and the obligations with which these rules are often associated. These criticisms, I argue, rely on misunderstandings ormischaracterizations of what Hart actually intended. These misunderstandings are plausibly explained by a failure on the part of his critics to appreciate fully two of the valuable lessons Hart sought to communicate in his inaugural lecture. First, words like ‘rule’ and ‘obligation’ should not be (...) removed from their various contexts of use and subjected to abstract philosophical definition and analysis. Second, when analyzing assertions in which such words figure in both legal practice and theory, it is crucial to bear in mind the different functions these assertions can be made to serve and the different purposes to which they can be put. -/- . (shrink)

The Dimensions of Ethics offers a concise but wide-ranging introduction to moral philosophy. In clear and engaging fashion, the author first examines the scope of ethical theory, and explores central metaethical questions such as the issue of relativism, and the relationship between morality and religion. He then turns to an exploration of five theoretical approaches, in each case providing a consideration of various objections that have been advanced as well as a sympathetic exposition of the core principles of each approach. (...) Throughout he uses a wide range of examples, and integrates references to issues in applied ethics with his discussions of ethical theory. (shrink)

This is a collection of essays based on papers read at a conference on freedom of expression held at McMaster University in May, 1990. Its contributors are philosophers and lawyers, each of whom brings his unique perspective to bear on issues surrounding the justification of free expression and the bases, both legal and moral, for restricting or broadening its scope. Joseph Magnet, Wayne Sumner, and James Weinstein discuss legal attempts in America and Canada to restrict hate literature, while David Richards (...) brings a specifically American perspective to wider issues of free speech. Joseph Raz and Jan Narveson attempt to ground their theories of free speech in a wider political theory, while Leslie Green and Roger Shiner discuss more specific aspects of free expression, namely, the freedom to express oneself in the language of one's choice and freedom of commercial expression. (shrink)

The last decade has witnessed a particularly intensive debate over methodological issues in legal theory. The publication of Julie Dickson's Evaluation and Legal Theory (2001) was significant, as were collective returns to H.L.A. Hart's 'Postscript' to The Concept of Law. While influential articles have been written in disparate journals, no single collection of the most important papers exists. This volume - the first in a three volume series - aims not only to fill that gap but also propose a systematic (...) agenda for future work. The editors have selected articles written by leading legal theorists, including, among others, Leslie Green, Brian Leiter, Joseph Raz, Ronald Dworkin, and William Twining, and organized under four broad categories: 1) problems and purposes of legal theory; 2) the role of epistemology and semantics in theorising about the nature of law; 3) the relation between morality and legal theory; and 4) the scope of phenomena a general jurisprudence ought to address. (shrink)

Part I. Furthering debate between leading theories of Law -- The Explantory Role of the Weak Natural Law Thesis -- In Defense of Hart -- Law's Authority is not a Claim to Preemption -- The Normative Fallacy Regarding Law's Authority -- The Problem about the Nature of Law vis-à-vis Legal Rationality Revisited : Towards an Integrative Jurisprudence -- Part II. The Power of Legal Systems -- Law as Power : Two Rule of Law Requirements -- A Comprehensive Hartian Theory of (...) Legal Obligation : Social Pressure, Coercive Enforcement, and the Legal Obligations of Citizens -- Law and the Entitlement to Coerce -- Part III. Conceptual Analysis -- Farewell to Conceptual Analysis (in Jurisprudence) -- What Do We Want Law to Be? Philosophical Analysis and the Concept of Law -- Part IV. New Directions -- Legal as a Thick Concept -- Making Old Questions New : Legality, Legal System, and State -- Legal Disagreements and the Dual Nature of Law -- Is There One Right Answer to the Question of the Nature of Law? (shrink)

A distinctively Canadian text which provides theory and practice in case studies. More on Milton Friedman's views, ethics and the professions, South Africa, the environment.

In Law’s Empire, Ronald Dworkin introduces an important distinction between what he calls the ‘grounds’ and the ‘force’ of law. The former primarily interest Dworkin in LE and concern the “circumstances in which particular propositions of law should be taken to be sound or true.” (110) Propositions of law, we are told, are “all the various statements and claims people make about what the law allows or prohibits or entitles them to have.” (4) That Canadians owing income tax to the (...) federal government must file their returns before April 30 or face a late penalty is presumably an example of a proposition of law. That the United States constitution prohibits slavery is another. These (true) propositions of law simply report the law’s (present) requirements, requirements which normally should be respected but which might justifiably be disobeyed or disregarded in exceptional cases. A true proposition of law, then, does not necessarily entail an answer to the question: What should I do, or decide (if called upon to render a judicial decision)? It also does not necessarily entail an answer to the question: Should the coercive power of the state be exercised against this person? (shrink)

Readings in Health Care Ethics provides a wide-ranging selection of important and engaging contributions to the field of health care ethics. The second edition adds a chapter on health care in Canada, and the introduction has been expanded to include discussion of a new direction in feminist naturalized ethics. The book presupposes no prior knowledge, only an interest in the bioethical issues that are shaping our world.

This distinctively Canadian text provides the reader with timely, up-to-date, theoretical, empirical and legal material on issues of relevance to ethicists in Canada today. The format is clear, accessible and user-friendly.

Readings in Health Care Ethics provides a wide-ranging selection of important and engaging contributions to the field of health care ethics. The second edition adds a chapter on health care in Canada, and the introduction has been expanded to include discussion of a new direction in feminist naturalized ethics. The book presupposes no prior knowledge, only an interest in the bioethical issues that are shaping our world.

Well and Good presents a combination of "classic" and little-known but real-life cases. Included are a range of cases involving nurses and other health professionals as well as many involving doctors. The cases in the main body of the book are accompanied by the editors' impartial discussions of the issues involved. The final section is comprised of unanalysed cases for further study. For the new edition, the introduction has been expanded to include discussions of feminist bioethics and of virtue ethics, (...) alongside the Kantian, Rossian and utilitarian frameworks discussed in previous editions. Most of the existing cases have been updated to reflect these additional foci, and four analysed cases have been added. Several cases have been added to the group of unanalysed cases, which now includes questions for discussion. Among cases new to this edition are the "mercy killing" case of Robert Latimer, the assisted suicide of Sue Rodriguez, the pregnancy solvent-abuse case of Ms. G., and a case involving sex-selection and abortion on gender grounds. (shrink)

Well and Good presents a combination of "classic" and little-known cases in health care ethics. These cases, accompanied by information about the major ethical theories, give students a chance to grapple with the ethical challenges faced by health care practitioners, policy makers, and recipients. The authors' narrative style and leading questions provoke student interest and engagement, while allowing instructors the freedom to draw from the theoretical perspectives they consider most useful. This fourth edition includes an expanded discussion of feminist ethics, (...) and new cases addressing pandemic ethics, humanitarian aid, the social determinants of health, research and aboriginal communities, and a number of other emerging issues. (shrink)

This paper is based on Lectures 1, 2 and 4 in the series of ten lectures titled “Algebraic Structures for Logic” that Professor Blok and I presented at the Twenty Third Holiday Mathematics Symposium held at New Mexico State University in Las Cruces, New Mexico, January 8-12, 1999. These three lectures presented a new approach to the algebraization of deductive systems, and after the symposium we made plans to publish a joint paper, to be written by Blok, further developing these (...) ideas. That project was still incomplete when Blok died. In fact, there is no indication that he had prepared a draft of the paper, and we do not know what new material he intended to include. I am therefore not in a position to complete the project as he had envisioned it. So, I have settled for the more limited objective of presenting the material from the three lectures, leaving to others the task of adapting the techniques used there to more general situations. (shrink)

W. J. Mander presents the first ever synoptic history of British Idealism, the school of thought which dominated English-language philosophy from the 1860s to the early 20th century. He restores to its proper place this neglected period of philosophy, introducing the exponents of Idealism and explaining its distinctive concepts and doctrines.

Through clear explanation of its characteristic concepts and doctrines, and paying close attention to the published works of its philosophers, the volume ...

Most of what has been written about Buber and education tend to be studies of two kinds: theoretical studies of his philosophical views on education, and specific case studies that aim at putting theory into practice. The perspective taken has always been to hold a dialogue with Buber's works in order to identify and analyse critically Buber's views and, in some cases, to put them into practice; that is, commentators dialogue with the text. In this article our aims are of (...) a different kind. First and fundamentally, we demonstrate the political and social ontological basis of Buber's thought; that is, we show that Buber, the philosopher of dialogue, held an authentic dialogue with his time, and demonstrate that Buber's work, in this case I and Thou, holds a dialogue with its Zeitgeist; that is the text dialogues with its Zeitgeist. This approach leads us to our second aim, which is to demonstrate that Buber's thought remains relevant to our times, particularly when it serves as a dialogical educational tool with which to resolve conflict of all types and to aid dialogue towards peace in inter-community relations. (shrink)

What precisely, W. J. T. Mitchell asks, are pictures (and theories of pictures) doing now, in the late twentieth century, when the power of the visual is said to be greater than ever before, and the "pictorial turn" supplants the "linguistic turn" in the study of culture? This book by one of America's leading theorists of visual representation offers a rich account of the interplay between the visible and the readable across culture, from literature to visual art to the mass (...) media. (shrink)