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Dialoog in recht en literatuur

On 18 september 2018, Claudia Bouteligier defended her doctoral thesis 'Dialoog in recht en literatuur. The doctoral research was supervised by Prof. mr. dr. A. Ellian.

Claudia Bouteligier
18 September 2018
Leids Repositorium

Legal positivism, which considers law as a science, could be regarded as the dominant concept when thinking about law. When this dominant concept is applied on adjudication, ideals such as legal certainty, neutrality, and objectivity are emphasised. Undeniably, both law and adjudication have
dimensions which are inherently scientific. In general, as well as in this research, these dimensions are not being challenged. However, it could be questioned whether law is essentially scientific – and if it should be.

To conclude, this research questions literature’s ‘ethical appeal’, which it has according to narrative legal ethicists, and proposes the idea of an ‘existential appeal’ from the perspective of dialogical philosophy.

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