Pluralism and Law
AREND SOETEMAN In the past we lived on one earth, but in many different worlds. Different civilisations, in regions far apart, knew about one another (at least from about the 16th century), they competed with one another or tried to dominate the other, th
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PLURALISM AND LAW Edited by
Arend Soeteman
Professor in Jurisprudence and Legal Philosophy, Free University, Amsterdam
SPRINGER-SCIENCE+BUSINESS MEDIA, B.V.
A C.I.P. Catalogue record for this book is available from the Library of Congress.
ISBN 978-90-481-5722-8
ISBN 978-94-017-2702-0 (eBook)
DOI 10.1007/978-94-017-2702-0
This book is published with the financial support of the Association for Christian Higher Education in the Netherlands
Printed on acid-free paper
All Rights Reserved © 2001 Springer Science+Business Media Dordrecht Originally published by Kluwer Academic Publishers in 2001 No part of the material protected by this copyright notice may be reproduced or utilized in any form or by any means, electronic or mechanical, including photocopying, recording or by any information storage and retrieval system, without written permission from the copyright owner.
CONTENTS INTRODUCTION:
Arend Soeteman
VII
Pauline Westennan, Fonnal Justice as a Common Language CHAPIER 2: Jon Elster, Retribution in the Transition to Democracy CHAPTER 3: Wayne Sumner, Hate Speech and the Law: A Canadian Perspective CHAPTER 4: Tom Campbell, Human Rights and the Partial Eclipse of Justice CHAPTER 5: Philippe Raynaud: L'Etat, les Pouvoirs et la Liberte CHAPTER 6: Leslie Green, Pluralism, Social Conflict, and Tolerance CHAPTER 7: Govert den Hartogh, Humanitarian Intervention and the Self-Image of the State CHAPTER 8: Alon Harel, The Boundaries of Democratic Pluralism CHAPTER 9: Grazyna Skapska, Law, Rights and Democracy after Totalitarianism CHAPTER 10: ChristofHeyns, A "Struggle Approach" to Human Rights CHAPTER II: Wesley Cragg, Ethics Codes: The Regulatory Nonns of a Globalized Society? CHAPTER 12: Hiroshi Takahashi, Plurality of Cultures and Natural Law CHAPTER 13: Jan Sieckmann, Cultural Pluralism and the Idea of Human Rights CHAPTER 14: Pablo Navarro, Legal Reasoning and Systematization of Law CHAPTER 15: Hideo Aoi, A Perspective on Comparative Legal Methodology and its Barriers CHAPTER 16: Bernard Jackson, A Semiotic Perspective on the Comparison of Analogical Reasoning in Secular and Religious Legal Systems CHAPTER 17: Juan Carlos Bayon, Why is Legal Reasoning Defeasible? CHAPTER 18: Jaap C. Hage, Legal Logic, Its existence, nature and use CHAPTER 19: Eerik Lagerspetz, Collective Intentions, Legislative Intents, and Social Choice CHAPTER I:
The Authors
1 19 37 55 71 85 107 133 155 171 191 223 235 251 279 295 327 347 375
387
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INTRODUCTION AREND SOETEMAN
In the past we lived on one earth, but in many different worlds. Different civilisations, in regions far apart, knew about one another (at least from about the 16th century), they competed with one another or tried to dominate the other, they influenced one another, but in many important aspects they were independent from one another. Somewhere in the 20th century, however, this changed. There is no far apart anymore. We have lived through two European wars, which developed into world wars. Modem aeroplanes allow us to travel in only a couple of hours ar
