Antony Duff is Professor Emeritus in the Department of Philosophy at the University of Stirling and the University of Minnesota School of Law.His research focuses on the philosophy of criminal law – particularly criminal theory (Trials and Punishments, 1986; Punishment, Communication and Community, 2001); principles and structures of criminal responsibility (Intention, Agency and Criminal Liability, 1990; Criminal Entries, 1996; Responding to Criminal Acts (2007); The Trial on Trial (co-author, 2007); and criminalization (The Realm of Criminal Law, 2018). Legal philosophy is a branch of philosophy that studies the nature of law and the relationship of law to other normative systems, especially ethics and political philosophy. [1] [2] It asks questions such as “What is law?”, “What are the criteria for legal validity?” and “What is the relationship between law and morality?” Legal philosophy and jurisprudence are often used interchangeably, although jurisprudence sometimes includes forms of reasoning that fit into economics or sociology. [3] [4] After completing her Master of Legal Research at Utrecht University (Laude), she now works as a doctoral student and lecturer at the Institute of Legal Philosophy of Radboud University. His doctoral thesis focuses on the legitimacy of the judge. To unravel this complex and elusive concept, she examines the different perspectives on legal legitimacy that have prevailed in the Netherlands over the past century. By analysing how these perspectives are related, it aims to achieve a more holistic and substantive understanding of this concept, which can help improve legal legitimacy in a more structural way. NJLP accepts Dutch and English articles. The journal is available digitally as an open access resource via www.bjutijdschriften.nl (in Dutch) and www.elevenjournals.com (in English). If you subscribe to the NJLP, you will receive physical copies of the issues of the journal. Contact: Please contact the editorial team regarding Laura Davies: laura.davies@ru.nl. Bastiaan Rijpkema is Assistant Professor of Law at Leiden University, the Netherlands. In 2015, he obtained his PhD from Leiden University with a thesis on militant democracy, published in Dutch under the title Weerbare democratie: de grenzen van democratische tolerantie (Nieuw Amsterdam, 2015).
For Weerbare democratie, he received the prize for the best Dutch political book of the year, the Prinsjesboekenprijs, in 2016. In 2017, he won the New Scientist Science Talent Prize 2017, the prize for the most talented young researcher in the Netherlands and Flanders (Dutch-speaking Belgium). The English edition of Weerbare democratie appears under the title Militant democracy: the limits of democratic tolerance with Routledge in his “Extremism and Democracy”. He also co-edited with Springer the first multidisciplinary volume in the field of militant democracy, bringing together philosophers, jurists and political scientists concerned with militant democracy. Its main interests are (militant) democracy, rights, sovereignty and freedom of expression. Iris van Domselaar is Associate Professor of Legal Philosophy at the Amsterdam Faculty of Law and Director of the Amsterdam Centre for Legal Professions and Access to Justice. She has studied both philosophy and law and has been a visiting scholar in the Department of Philosophy at Harvard University and the Department of Philosophy at the University of Chicago.La central question of her research is how ethics can be taken into account in legal practice. Starting from neo-Aristotelian/neo-Wittgensteinian currents of practical philosophy, she attempts to treat ethics as a “lived experience” of lawyers and citizens who are directly confronted with the law.
A second important debate, often referred to as the “Hart-Dworkin debate”,[14] concerns the struggle between the two most dominant schools of the late 20th and early 21st centuries, legal interpretivism and legal positivism. Amalia Amaya is a Research Fellow at the Institute of Philosophical Research at the National Autonomous University of Mexico and a British Academy Global Professor at the Faculty of Law in Edinburgh. She holds an LLM and PhD from the European University Institute and an LLM and SJD from Harvard Law School. She works primarily in philosophy of law, with a particular emphasis on legal argumentation and epistemology, although she is also interested in some issues of moral and political theory as well as international normative theory. She is the author of The Tapestry of Reason: An Inquiry into the Nature of Coherence and its Role in Legal Argument (Hart Publishing, 2015). She is currently working on three related projects. His main research project focuses on law, virtue and character. More specifically, she is working on a book manuscript that develops a virtuous approach to legal reasoning and judicial ethics. On this topic, she is also co-editor of Law, Virtue and Justice (with Ho Hock Law, 2012), The Faces of Virtue in Law (with Claudio Michelon, 2020) and Virtue, Emotion and Imagination in Law and Legal Reasoning (with Maksymilian Del Mar, 2020). She has also been interested in the role of exemplarity in contemporary legal and political culture, and in particular its impact on problems related to the nature of authority. Finally, it explores the relevance of fraternity as a juridical and political ideal. Laura Davies is a jurist with a keen interest in legal philosophy, ethical legal decision-making and the changing role of the judge.
There are many other normative approaches to legal philosophy, including critical legal studies and libertarian legal theories. Please click here for subscription prices for this journal Legal philosophers also deal with a variety of philosophical issues that arise in certain legal topics such as constitutional law, contract law, criminal law, and tort law. Thus, the philosophy of law deals with topics as diverse as theories of contract law, criminal theories, theories of tort and the question of whether judicial review is warranted. In addition to analytical jurisprudence, philosophy of law also deals with normative legal theories. “Normative jurisprudence includes normative, evaluative and otherwise prescriptive questions about law. [9] For example: What is the purpose of the law? What moral or political theories form the basis of law? Three approaches have had an influence on contemporary moral and political philosophy, and these approaches are reflected in normative legal theories: Legal philosophy can be divided into analytical jurisprudence and normative jurisprudence. [5] Analytical jurisprudence seeks to define what is right and what is not by identifying the essential characteristics of the law. Normative jurisprudence examines both the non-legal norms that shape law and the legal norms that are generated by law and guide human action. [5] In recent years, debates about the nature of the law have become increasingly grainy. An important debate exists within legal positivism about the separability of law and morality.
Exclusive legal positivists claim that the legal validity of a norm never depends on its moral rectitude. Inclusive legal positivists claim that moral considerations can determine the validity of a norm, but that they don`t have to. Positivism began as a inclusivist theory; but influential right-wing positivists, including Joseph Raz, John Gardner, and Leslie Green, later rejected the idea. Dr. Laura Henderson is Assistant Professor of International Law and Human Rights at Utrecht University. Henderson holds a PhD in Legal Philosophy from the Vrije Universiteit Amsterdam with a thesis entitled Courts, Crisis and Contestation: Democratic Judicial Decision-Making in Times of Crisis. She studied law and anthropology at University College Utrecht and obtained her LL.B and LL.M at Utrecht University, where she specialized in international law and human rights. Laura has been a visiting scholar at the University of California, Berkeley (Fall 2015) and the European University Institute in Florence, Italy (Fall 2019).
In 2021, she won the Wiarda Prize for her article Internalizing Contestation in Process-Based Judicial Review. The central topics of his research are judicial decision-making, democratic theory and human rights. The Netherlands Journal of Legal Philosophy (NJLP) is an international journal devoted to the study of legal philosophy and jurisprudence as well as the basics of law in the broadest sense of the term (sociology of law, anthropology of law, etc.). This title was previously known as “Legal Philosophy and Legal Theory”. The journal publishes articles in Dutch and English and is available digitally as an open access resource. Unlike experimental jurisprudence, which examines the content of our concepts of popular law using the methods of the social sciences[6], analytical jurisprudence seeks to account in a general way of the nature of the law through the tools of conceptual analysis. The narrative is general in that it addresses the universal features of the law that apply at all times and in all places. [7] While jurists are interested in what law is about a particular topic in a particular jurisdiction, legal philosophers are interested in identifying the characteristics of law that are shared across cultures, times, and places. Taken together, these fundamental features of law provide the kind of universal definition that philosophers seek.
The general approach allows philosophers to ask questions, for example, about what separates law from morality, politics or practical reason. [7] Researchers in this field often assume that the law has a unique set of characteristics that distinguish it from other phenomena, although not everyone shares this assumption. In his thesis “Die Zerfraglichkeit der Richtigkeit. Adjudication and primacy of practice” Van Domselaar has developed a virtuous ethical approach to legal decision-making, in which a “six-pack” of legal virtues, the concept of civic friendship and that of tragic choice of law play a key role.