Archive of Events

Archive of Events

Room: Lecture room 1010, University building I | Guests are welcome!
The rule of law, once widely embraced and emulated, now faces serious threats to its viability. To get our bearings we must return to first principles. Law’s Rule: The Nature, Value, and Viability of the Rule of Law articulates and defends a coherent, compre­hen­sive, and compelling conception of the rule of law and defends it against serious challenges to its intelligibility, relevance, and normative force. In this lecture, Postema will sketch the basic outlines of this conception and the values it serves. The rule of law’s ambition, he will argue, is to provide protection and recourse against the arbitrary exercise of power using the distinctive tools of the law. Law provides a bulwark of protection, a bridle on the powerful, and a bond constituting and holding together the polity and giving public expression to an ideal mode of association. Two principles immediately follow from this core: sovereignty of law, demanding that those who exercise ruling power govern with law and that law governs them, and equality in the eyes of the law, demanding that law’s protection extend to all who are bound by it. Animating law’s rule, the ethos of fidelity commits all members of the political community to take responsibility for holding each other accountable under the law. The moral foundation of this demanding ideal lies in a commitment to common membership of each person in this community, recognizing their freedom, dignity, and status as peers. The lecture will consider the relationship between democracy, human rights, and the rule of law and will conclude with thoughts on some of the most serious threats to the viability of law’s rule. [more]

Peace: An Actionable Human Right

Guest Lecture Series “Society: Status Quo and Normative Change”
Russia's invasion of Ukraine beckons the international community to adjust international law further, to deter future wars of aggression. One way to do that is to finally do an obvious thing that should have been done after World War II: make peace an actionable fundamental human right. This lecture will discuss both how to do that and the benefits of doing so. [more]
In a lead­ing rul­ing on the stand­ard of proof, the Fed­er­al Court of Justice stated in 1970 that judges must be con­vinced to a “de­gree of cer­tainty” that need not quite be “bey­ond all reas­on­able doubt” but should go bey­ond a mere “prob­ab­il­ity bor­der­ing on cer­tain­ty.” The former is not re­quired by the law of evid­ence; the lat­ter is not suf­fi­cient (Rul­ing of the Fed­er­al Court of Justice in Civil Cases [BGHZ] 53, 245 ff.). From an epi­stem­o­lo­gic­al point of view, cla­ri­fic­a­tion is needed as to wheth­er a doxast­ic ap­proach fits in­to this nar­row con­struct. The BGH rul­ing refers to “con­vic­tion”, the “truth of an as­ser­tion”, and the re­quired “de­gree of cer­tainty”, but it does not ad­dress the con­cept of know­ledge, in which these ele­ments con­verge and are re­lated to each oth­er. In epi­stem­o­logy, it is dis­puted wheth­er or not hu­man fal­lib­il­ity, which is ir­re­voc­able, can be re­con­ciled with the as­sump­tion that hu­mans are cap­able of ac­quir­ing know­ledge. The lec­ture out­lines the ten­ets of a fal­lib­il­ist­ic concept of know­ledge and com­pares the chal­lenge of de­term­in­ing a suf­fi­cient level for the stand­ard of evid­ence to the epi­stem­o­lo­gic­al chal­lenge of re­con­cil­ing “to err is hu­man” with the claim to know­ledge. [more]
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