Law and Life. Why Law?
This book is based on the assumption that the world is governed by a widespread field of interconnected laws. In this field man-made laws – legal laws - have to coexist with the laws of nature, the laws of science and the laws of logic. They have to find
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Law and Life. Why Law?
Law and Life. Why Law?
Peter van Schilfgaarde
Law and Life. Why Law?
Peter van Schilfgaarde The Hague, The Netherlands
ISBN 978-3-030-01847-4 ISBN 978-3-030-01848-1 (eBook) https://doi.org/10.1007/978-3-030-01848-1 Library of Congress Control Number: 2018960253 © Springer Nature Switzerland AG 2019 This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, 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. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made. The publisher remains neutral with regard to jurisdictional claims in published maps and institutional affiliations. This Springer imprint is published by the registered company Springer Nature Switzerland AG The registered company address is: Gewerbestrasse 11, 6330 Cham, Switzerland
For Anka—who made me see that there is life beyond law
Prologue
A book like this cannot be written without the help of others. I was fortunate to have the comments of Arthur Hartkamp, Ton Hol, Marc Loth, Carla Sieburgh and Eric Tjong Tjin Tai, with me the six members of Ccicero, the legal philosophy group that has existed since 2006—Hans Nieuwenhuis was with us too at that time—and that meets with great regularity and without absentees every 3 months. You may ask why Ccicero with two C’s instead of Cicero. That is because we take Cicero as our admired example but do not pretend to be as eloquent. This makes the discussions amongst each other sound like stammer. And this will be the case also—I am aware of that—with this book. Whatever way, I want to thank the present members of Ccicero for their joint comments and for putting me on the right track. A different but also encouraging comment on the last version of the book I received from Brian Tamanaha of Washington University, St Louis. I want to thank him also. September 2018
Peter van Schilfgaarde
vii
Contents
1
Law and Life 1.1 Different Levels of Thinking 1.2 Truth, Space, and Time: Law’s Legend 1.3 The Vita Activa. Hannah Arendt 1.4 The Content of This Treatise References
1 1 3 7 9 11
2
The Rule of Law 2.1 Why Do We Have Law? The Rule of Law 2.2 What Is Law? La
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