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Het proces Eichmann. Hannah Arendts visie op de competentie van het hof te JeruzalemNetherlands Journal of Legal Philosophy 3 271-287. 2003.
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27Habermas en Searle: Kritische beschouwingen bij de theorie Van het communicatieve handelenTijdschrift Voor Filosofie 48 (1). 1986.In this article the author submits as thesis that Habermas's concept of communicative action results from an uncritical appropriation of the concept ‘speech act’. For this purpose, firstly the origin of Habermas's idea of a ‘power-free communication’ in his discussion with Gadamer will be considered. The legitimacy of such a concept of language is — following Habermas — adequately shown most of all by Searle. Secondly therefore, Searle's theory of the speech act will be taken in consideration. I…Read more
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5Humanitarian Intervention: Legal and Moral ArgumentsIn Georg Meggle (ed.), Ethics of humanitarian interventions, Ontos. pp. 215-232. 2004.
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6Kephalos en Kant. Een gesprek over plichtenAlgemeen Nederlands Tijdschrift voor Wijsbegeerte 114 (2): 108-127. 2022.Cephalos and Kant. A conversation on duties Socrates’s first conversational partner in Plato’s Politeia is Cephalos, the host of the dialogue. But the conversation between Cephalos and Socrates does not appear to be very fruitful. It merely seems to function as the setting of the stage. Nonetheless, what Cephalos has to say about life and old age, about justice and doing one’s duty is far from uninteresting. Indeed, if Cephalos had presented his views to Immanuel Kant, they would have been well …Read more
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4Kephalos en Kant revisitedAlgemeen Nederlands Tijdschrift voor Wijsbegeerte 114 (2): 190-203. 2022.Amsterdam University Press is a leading publisher of academic books, journals and textbooks in the Humanities and Social Sciences. Our aim is to make current research available to scholars, students, innovators, and the general public. AUP stands for scholarly excellence, global presence, and engagement with the international academic community.
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12A Philosophical Introduction to Human RightsCambridge University Press. 2020.While almost everyone has heard of human rights, few will have reflected in depth on what human rights are, where they originate from and what they mean. A Philosophical Introduction to Human Rights – accessibly written without being superficial – addresses these questions and provides a multifaceted introduction to legal philosophy. The point of departure is the famous 1948 Universal Declaration of Human Rights, which provides a frame for engagement with western legal philosophy. Thomas Mertens…Read more
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16Kant’s Metaphysics of Morals as guidance in a morally and legally complex worldEthic@: An International Journal for Moral Philosophy 16 (3). 2017.Presentation to the special issue on Kant's Metaphysics of Morals.
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27Bona Fama Defuncti in Kant’s Rechtslehre: Some PerspectivesKantian Review 24 (4): 513-529. 2019.Although Kant’s final work in moral philosophy, Die Metaphysik der Sitten, currently attracts much scholarly attention, there is still a lot to explore. This article is an attempt to get to grips with a particular, often neglected passage of the Rechtslehre, namely §35. Here Kant defends the view that not only can a person’s good reputation can be tarnished after his death, but also that this constitutes a violation of this dead person’s property. Here I will not be able to fully clarify what Ka…Read more
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25Kant's Metaphysics of Morals as guidance in a morally and legally complex worldEthic@ - An International Journal for Moral Philosophy 16 (3): 389-394. 2017.Presentation to the special issue on Kant's Metaphysics of Morals.
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24Emergencies and criminal law in Kant's legal philosophyEthic@ - An International Journal for Moral Philosophy 16 (3): 459-474. 2017.Despite Kant's explicit statement that every murderer must suffer death, there are at least four situations to be found in Kant's work in which the killing of a human being should not lead to the death penalty: when too many murderers are involved; when a mother kills her illegitimate child; when one duellist kills the other; when one person pushes another off a plank in order to save his life. This paper discusses these situation and concentrates on the last situation - Kant's interpretation of…Read more
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29Nazism, Legal Positivism and Radbruch's Thesis on Statutory InjusticeLaw and Critique 14 (3): 277-295. 2003.The small article “Statutory Injustice and Suprastatutory Law” published in 1946 by Gustav Radbruch is one of the most important texts in 20th century legal philosophy. Until recently, its importance was said to stem from its renewal of ‘natural law’ and from its ‘formula’, according to which the value of justice should override that of legal certainty in extreme cases. In this contribution, a close examination will show that Radbruch's text is less univocal than often suggested. I argue that Ra…Read more
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Kritische filosofie en politiek. Immanuel Kant over oorlog en vredeTijdschrift Voor Filosofie 55 (1): 160-161. 1993.
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26B. Sharon Byrd & Joachim Hruschka, Kant’s Doctrine of Right. A CommentaryNetherlands Journal of Legal Philosophy 43 (1): 84-86. 2014.
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10Criminal Justice After 9-11: ICC or Military TribunalsIn Georg Meggle, Andreas Kemmerling & Mark Textor (eds.), Ethics of Terrorism & Counter-Terrorism, De Gruyter. pp. 281-300. 2004.
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43Sexual Desire and the Importance of Marriage in Kant's Philosophy of LawRatio Juris 27 (3): 330-343. 2014.In his moral writings, Kant states that moral duty cannot be derived from “the special characteristics of human nature.” This statement is untenable if one takes seriously Kant 's moral views on sexual desire. Instead close study reveals that considerations based on both morality and nature play a role here. The combination of these two elements leads to inconsistencies and difficulties in Kant 's understanding of sexual desire, but they enable us to better understand the importance Kant attribu…Read more
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12Fuller and Arendt: A Happy Marriage? Comment on RundleNetherlands Journal of Legal Philosophy 43 (3): 279-287. 2014.
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87Cosmopolitanism and Citizenship: Kant Against HabermasEuropean Journal of Philosophy 4 (3): 328-347. 1996.
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94On Kant’s Duty to Speak the TruthKantian Review 21 (1): 27-51. 2016.In, Kant defends a position that cannot be salvaged. The essay is nonetheless important because it helps us understand his philosophy of law and, more specifically, his interpretation of the social contract. Kant considers truthfulness a strict legal duty because it is the necessary condition for the juridical state. As attested by Kants arguments against the death penalty, not even the right to life has such strict unconditional status. Within the juridical state, established by the social cont…Read more
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40Kants hernieuwde vraag naar de vooruitgang : Over enthousiasme en de franse revolutieTijdschrift Voor Filosofie 56 (1). 1994.Not only today, but also in the 18th century the question whether human history reveals moral progress, is widely discussed. In one of his last writings, the second part of The Contest of Faculties: 'A Renewed Attempt to Answer the Question: Is the Human Race Continually Improving?' (1797), Kant answers this question affirmatively. His main reason for this answer resides in the so-called 'historical sign' (Geschichtszeichen), which proves, as Kant writes, the moral tendency of the human race. In…Read more
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123From 'perpetual peace' to 'the law of peoples': Kant, Habermas and Rawls on international relationsKantian Review 6 60-84. 2002.It is hardly surprising that the two greatest Kantian philosophers of the twentieth century's second half would, at some point of time, reflect and comment on one of the most famous writings of the Königsberg sage, namely on Perpetual Peace: A Philosophical Sketch. Of course, in recent decades, and especially around the celebration of the 200th anniversary of its publication, many commentary articles and books have been published on Kant's little essay, but it makes a difference when Jürgen Habe…Read more
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106Radbruch and Hart on the Grudge Informer: A ReconsiderationRatio Juris 15 (2): 186-205. 2002.Hart's defense of the separation of law and morality is partly based on his refusal to accept Radbruch's solution of the well‐known grudge informer case, in his famous article “Statutory Injustice and Suprastatutory Law.” In this paper, I present a detailed reconstruction of the “debate” between Radbruch and Hart on this case. I reach the conclusion that Hart fails to address the issue that was Radbruch's primary concern, namely the legal position of the judiciary when dealing with criminal stat…Read more
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42Zweckmäßigkeit der Natur und politische Philosophie bei KantZeitschrift für Philosophische Forschung 49 (2). 1995.
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165Pogge’s writings on international distributive justice, some of them now collected in ‘World Poverty and Human Rights’ (2002),1 exhibit a masterly interplay of moral argumentation and empirical data. In this contribution, I cannot do justice to both and will therefore focus on Pogge’s moral arguments, the origins of which are to be found in the legal philosophies of Kant and Rawls. Contrary to these philosophers, however, Pogge does argue in favor of an institutionalized global order. That is, h…Read more
Areas of Interest
17th/18th Century Philosophy |