Facing the Limits of the Law
Many legal experts no longer share an unbounded trust in the potential of law to govern society efficiently and responsibly. They often experience the 'limits of the law', as they are confronted with striking inadequacies in their legal toolbox, with inne
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Erik Claes · Wouter Devroe Bert Keirsbilck (Eds.)
Facing the Limits of the Law
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Professor Erik Claes Professor Wouter Devroe Bert Keirsbilck Katholieke Universiteit Leuven Faculty of Law Tiensestraat 41 3000 Leuven Belgium [email protected] [email protected] [email protected]
ISBN 978-3-540-79855-2
e-ISBN 978-3-540-79856-9
DOI 10.1007/978-3-540-79856-9 Library of Congress Control Number: 2008942778 c Springer-Verlag Berlin Heidelberg 2009 This work is subject to copyright. All rights are reserved, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilm or in any other way, and storage in data banks. Duplication of this publication or parts thereof is permitted only under the provisions of the German Copyright Law of September 9, 1965, in its current version, and permission for use must always be obtained from Springer. Violations are liable to prosecution under the German Copyright Law. The use of general descriptive names, registered names, trademarks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. Printed on acid-free paper 9 8 7 6 5 4 3 2 1 springer.com
Preface Facing the Limits of the Law is the outcome of a research project that we launched in Spring 2005 at the Faculty of Law of the University of Leuven. We invited legal researchers and criminologists, trained in a diversity of (legal) disciplines, to share their respective research interests, to discuss their research topics, hypotheses, and results. Time, openness, and a change towards a more discursive research culture was needed, in order to break down the disciplinary walls that often separate legal researchers from each other and from criminologists. Because common research involving a variety of legal fields and disciplines requires a common language and a common lens from which legal reality in all its diversity can be interpreted, we first developed a substantial working paper, subsequently commented on by the different contributors during a number of research seminars held in Leuven in 2005, and ultimately published (in Dutch, in Rechtskundig Weekblad 2005-2006, 1201-1217). “The Limits of the Law (Introduction)” presents a non-exhaustive typology of the limits of the law ‘from the inside out’, that is, starting from a broad understanding of the main functions and characteristics of late–modern law in the tradition of the rule of law. It offers a conceptual ‘umbrella’ and a common frame of reference from which the participants could borrow concepts and methodology, allowing them to compose a first abstract focusing on the types of limits of the law in their research field. Subsequently, we organised a series of seminars during which the abstracts were collectively discussed by all the participants. The discussions helped parti
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