Gijsbert Karel van Hogendorp is the auctor intellectualis of the 1818 Dutch constitution. It was his sketch for a new constitution that was used as a starting point for the deliberations of its original drafting committee. Van Hogendorp justifies his constitution as a restoration of the Burgundian constitution that applied before the Dutch Republic. In recent literature Van Hogendorp’s restorational argument is presented as an invention of tradition. In this article an alternative explanation is presented, namely that it is part of a form of classicist political thought that was common during the ancien régime. Van Hogendorp describes his constitution as a moderate monarchy, in which the three principles of monarchy, aristocracy and democracy are properly balanced. And he mainly defends this mixed regime by pointing out that it is a restoration of the old Burgundian constitution of the Netherlands. This way of reasoning is, as will be shown, typically classicistic. |
Zoekresultaat: 3 artikelen
De zoekresultaten worden gefilterd op:Tijdschrift Netherlands Journal of Legal Philosophy x
Artikel |
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Tijdschrift | Netherlands Journal of Legal Philosophy, Aflevering Pre-publications 2020 |
Trefwoorden | classicistisch politiek denken, constitutie, Van Hogendorp, Grondwet, politieke filosofie |
Auteurs | Alban Mik |
SamenvattingAuteursinformatie |
Artikel |
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Tijdschrift | Netherlands Journal of Legal Philosophy, Aflevering 2 2014 |
Trefwoorden | societal integration, liberalism, conflict, constructive pluralism, citizenship, national communities |
Auteurs | Dora Kostakopoulou PhD |
SamenvattingAuteursinformatie |
Communities can only be dynamic and projective, that is, oriented towards new and better forms of cooperation, if they bring together diverse people in a common, and hopefully more equal, socio-political life and in welfare. The latter requires not only back-stretched connections, that is, the involvement of co-nationals and naturalized persons, but also forward-starched connections, that is, the involvement of citizens in waiting. Societal integration is an unhelpful notion and liberal democratic polities would benefit from reflecting critically on civic integration policies and extending the norm of reciprocity beyond its assigned liberal national limits. Reciprocity can only be a comprehensive norm in democratic societies - and not an eclectic one, that is, either co-national or co-ethnic. |
Artikel |
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Tijdschrift | Netherlands Journal of Legal Philosophy, Aflevering 2 2012 |
Trefwoorden | enforcement of morals, liberalism, liberty, political liberalism, Rawls |
Auteurs | Alex Bood |
SamenvattingAuteursinformatie |
This article examines how a liberal public morality can be most successfully defended against perfectionism. First of all the five most important liberal arguments for freedom are taken from what is called the liberal canon: a number of characteristic works of John Locke, Immanuel Kant, John Stuart Mill, Isaiah Berlin, Joseph Raz, Ronald Dworkin, and John Rawls. These five arguments are identified as: social and political realism, respect for autonomy, fallibility of ideas, pluralism, and respect for reasonableness. Next, the persuasiveness of these arguments is assessed, starting with the argument of respect for reasonableness, which is at the heart of Rawls’s political liberalism. It is concluded that in itself this argument is not strong enough to persuade perfectionists. A powerful defence of a liberal public morality needs the other arguments for freedom as well. Finally, the paper outlines how these other arguments can strengthen the argument of respect for reasonableness in a coherent manner. |