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Taekema & van der Burg on Ideals in Law

By Lawrence Solum

Sanne Taekema and Wibren van der Burg (Erasmus University Rotterdam (EUR) - Erasmus School of Law and Erasmus University Rotterdam (EUR) - Erasmus School of Law) have posted Ideals in Law (IVR Encyclopaedia of Jurisprudence, Legal Theory and Philosophy of Law, online, April 2009) on SSRN. Here is the abstract:

?Ideals? are sometimes regarded as irrelevant to law - especially in the context of legal practice. However, there are several reasons to regard ideals as a separate category in law. We examine the question how ideals should be understood. Different conceptions of ideals can be classified as belonging to either of two traditions. The first regards ideals as transcendent; the second tradition sees ideals as immanent. The answer to the question what role ideals play in law depends on how one regards ideals, values, principles and rules. A further question is for what purposes, if any, we have to pay attention to ideals in law. We discuss three issues to which ideals are central ? legal development, pluralism of law, and professional ethics.

Full post as published by Legal Theory Blog on September 09, 2010 (boomark / email).