News

 

Fourth Paul Scholten Symposium

November 2017

Further information follows soon

 

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Calls

 

Call: Help with corrections of the Indonesian translation

The editorial board of DPSP has decided to proceed with the publication in Open Access of one of the Indonesian translations that have been made: the one made by  Siti Soemarti Hartono, SH. It has not yet been possible to acquire permission from the copyright holders, because it has not yet been possible to come into contact with these persons. The relevance of the publication of Paul Scholten’s text in Open Access seems however indicated by the fact that two Indonesian legal theorists have thought it important to make a translation of the text. The digitization will honour the effort given by them.

We are looking for help for the corrections of the mistakes caused by the automatic reading of the fotocopies. Please use the comment-function on the translationpages.

Call: Permission to publish the Indonesian Translations

Found in an Indonesian Journal, supplied by a member of the editorial board. Very much the same as a photo, published in "Opening der Rechtshoogeschool te Batavia", 28 oktober 1924 (Royal Library, The Hague)Found in an Indonesian Journal, supplied by a member of the editorial board. Very much the same as a photo, published in “Opening der Rechtshoogeschool te Batavia”, 28 oktober 1924 (Royal Library, The Hague)

02-08-2012    DPSP still wishes to come into contact with the (heirs of) translator of the General Part in Indonesian: Siti Soemarti Hartono, SH, and with the (heirs of) translator of chapter 3 of the same book into Indonesian, Mr. Koerdi Soemintapoera. DPSP wants to know if they can agree with the publication of these texts in open access.  Anyone who can provide information that may lead to contact with these translators is asked to make contact, in order to contribute to the furthering of this project.

 

To the right, a photo of Paul Scholten, made in Indonesia.

 

Announcement 2015

Indonesian translation online

The Indonesian translation is now posted on the site. You can find it side-by-side with English and with Dutch. You can also find it as a standalone printable PDF in prepublication, drafts.

Past Activities 2015

 

Third Paul Scholten Symposium on New perspectives on law and reality 

26 and 27 november 2015

Funding organizations:

Dutch Royal Academy of Sciences
Marcel Henri Bregstein Stichting
Faculty of Law of the University of Amsterdam

The call

This is a call for papers for a two day international workshop organized by the Digital Paul Scholten Project (DPSP; www.paulscholten.eu), to be held 26-27 November 2015 at the University of Amsterdam (UvA). The workshop will offer the opportunity to experts in the fields of legal theory, legal methodology, legal history and legal sociology to present papers about themes related to the work of Paul Scholten.
Paul Scholten is famous in the Netherlands as one of the great exponents of the traditional view on law of the European continent, the civil-law tradition. From the end of the eighteenth century on this view has been slowly but steadily replaced by positivism. Specifically interesting in the context of the workshop is that Paul Scholten has integrated the traditional view within positivism, by elaborating the specific responsibility and role of the judge. His ideas get their clearest expression in the last paragraphs of his General Method of Law.
Some examples of relevant themes for the workshop are the following:
- Scholten’s special role in the legal theory debate in past and present;
- interpretation methods and their relevance for present legal discourse;
- legal theoretical ideas more generally, as for instance reflected in the curricula of law faculties in the countries involved;
- Scholten’s ideas in relation to those of other old and new ‘heroes’ in legal philosophy;
- the development of the relation between legal theory and practice (preferably to be illustrated in well-known cases);
- discussions about Gemeines Recht, Common law, Sollen und Sein, the living law;
- the possible use of Paul Scholten’s ideas for solving recent controversies in the discourse between legal formalists and new legal realists.
Papers to be submitted should preferably comprise references to Paul Scholten’s work, primarily or next to the work of other important legal thinkers.
The workshop is of an international character, but specifically aims to include participants from Indonesia. Indonesian law will be one of the central foci of the planned workshop because of the old ties between Indonesia and the Netherlands and also because Paul Scholten was one of the founders of the Rechtshogeschool (Law School) in former Batavia. Important parts of Scholten’s work have been translated into Indonesian and the translation is now available on the DPSP site:http://www.paulscholten.eu/drafts/ and http://www.paulscholten.eu/indon-english/ andhttp://www.paulscholten.eu/dutch-indon/
Organizing committee:
Dr. Marjanne Termorshuizen-Arts, researcher in the field of legal philosophy, comparative law and Indonesian law, member of the editorial board of the DPSP-project, artsmjhw@yahoo.com
Dr. A.W. Bedner, senior lecturer at the Van Vollenhoven Institute for Law, Governance and Development (Leiden Law School, Leiden University), a.w.bedner@law.leidenuniv.nl
Dr. Liesbeth Huppes-Cluysenaer: Research Director of the DPSP-project on cultural legal heritage and comparative legal theory (paulscholten.eu) at the University of Amsterdam, huppes.uva@gmail.com

Report

On November 2015, 26 and 27 November a Workshop on New perspectives on law and reality has been organized at the University of Amsterdam (UvA) by the Digital Paul Scholten Project in cooperation with the Van Vollenhoven Instituut voor Recht, Bestuur en Ontwikkeling (University of Leyden).
The workshop has been held as a round table discussion for a small group of participants, who all presented a paper. There were however a few extra places for people who would like to attend (part of) the discussions.
Indonesian law has been one of the central foci of the workshop, not only to celebrate the fact that the Indonesian translation has been put online in the beginning of 2015, but also because only recently active interest for legal theory has developed in Indonesia and an association for legal theory has been founded. Six scholars from Indonesia have presented their paper on the first day of the workshop. The second day of the workshop was reserved for a few keynotes and had a more international focus. The attempt has been made to make a comparison not only with the Dutch situation, but also with the situation in two countries in Latin America. For this reason two scholars from Latin America (Colombia and Bolivia) had been invited to make a comparison between the Indonesian situation and the situation in their own countries. Next to these speakers there were three speakers from Netherlands and two from Indonesia. Most of the papers can be read on this site: preprints.
Nearly all papers had arrived in time and could have been read before the meeting. For every presentation little less than an hour was reserved for the short summary of the main points for discussion and the discussion itself. Between all presentations there was a small break for refreshment. Derk Venema, who teaches jurisprudence at Radboud University Nijmegen and is treasurer for the Netherlands Association for Philosophy of Law (VWR) took care of the welcoming words and chaired the meeting on the first day. Liesbeth Huppes, member of the organizing committee, chaired the second day and held a short talk about the development of the Open Access project on the Dutch legal theorist Paul Scholten (1875-1946).

Result

The key-issue in the discussions about the contemporary legal problems in Indonesia, Bolivia and Colombia appeared to be the difference between a legalistic and an open approach. Bij linking this discussion to the approach of Paul Scholten it became clear that the open approach of Paul Scholten is closely related to a jurisprudentional tradition of careful discriptive comparison of cases. Such a tradition is lacking in Indonesia and because of this, the application of Paul Scholten’s approach gets a  different and more political significance. Boths the participants from Indonesia and from Latin America were inspirend by the meeting. The speakers from Latin America realized how much the discussion in their countries had been focused on the United States and Europe and how interesting a comparison with the Indonesian situation was because it clarified how much the choice between a legalistic or open approach was influenced by the partly comparable and partly differing institutional context.

Speakers:

Yance Arizona (yancearizona@gmail.com) Masyarakat hukum adat before the constitutional court: an analysis of Paul Scholten’s interpretation method in contemporary judicial development in Indonesia. Yance Arizona showed the relevance of Paul Scholten’s interpretation methods for the judges of the constitutional court in relation to – e.g. – the definition of masyarakat hukum adat (adat law communities), but also more in general. He will make clear how the judges have been or should have been influenced by Paul Scholten’s theories and perhaps also by those of Van Vollenhoven and Ter Haar.
Adriaan Bedner (a.w.bedner@law.leidenuniv.nl) Between the socio and the legal: Paul Scholten’s approach to law as a model for Indonesian legal education. Adriaan Bedner focuses on legal education in Indonesia beginning in the pre-independence period up to now. The speaker argues that Indonesian legal education has experienced profound shifts. Paul Scholten’s work – particularly his method of finding the law – might be of paramount importance for present legal education, legal scholarship and judicial legal interpretation in Indonesia.
Upik Djalins (udjalins@gmail.com) Paul Scholten and the founding of the Batavia Rechtshogeschool. Upik Djalins will focus on Scholten’s philosophy on legal education and his attempt to democratize legal education for the former East-Indies.
Robert Knegt (r.knegt@uva.nl) The craftsmanship of ‘doing law’: Paul Scholten in the light of practice theories. Robert Knegt investigates Scholten’s central view on the craftmanship of the judge and his efforts to legitimate legal decisions. Does Paul Scholten succeed in accounting for the objectivity of the legal as well as the socio-empirical knowledge? Knegt also tries to relate Paul Scholten’s theory of legal decision-making to modern social theories on the practice of doing law.
Imam Koeswahyono (imamkoeswahyono@gmail.com) Norm and decision: contextualization of the doctrines of Paul Scholten and J.H.A. Logemann, a study of Indonesian case law seen from a socio-legal perspective. Imam Koeswahyono investigates the work of Scholten and Logemann and argues that their works are important for current legal interpretation by the judge in Indonesia, particularly also when seen from a socio-legal perspective.
Awaludin Marwan (luluk_hukum@yahoo.co.id) The judge’s legal reasoning in the case law of Chinese Minorities in Indonesia: Scholten’s interpretation method as a tool in the struggle between legal realists and legal formalists in Indonesian legal discourse. Awaludin Marwan focuses on the case law on Chinese minorities and connects it with interpretation methods as developed by Scholten. This all has to be perceived against the background of the so called legal formalist vs legal realist discourse.
Tristam P. Moeliono (tristam@home.unpar.ac.id) A scholarly re-appreciation of the scientific character of Indonesian law. Tristam Moeliono’s paper studies the special character of law as a science that makes it separate from politics and sociology although influences of those other disciplines keep playing an important role. The views of major thinkers like Paul Scholten, Arief Sidharta and Shidarta will be elaborated in relation to Indonesian post-independent legal discourse and particularly to the question how legal scholars could justify their views, using recognized and verifiable legal methods.
Ramiro Molina (ramiromolina2000@yahoo.com) Andean Legal Pluralism: an historical overview of legal formalism vs legal realism.
Diah Pawestri Maharani (maharanidiahpawestri@yahoo.com) The pluralism of agrarian law in Indonesia: the history and the future seen from the perspective of legal formalism and legal realism. Diah Pawestri Maharani will use the work of Paul Scholten for trying to improve land law development in Indonesia. The agrarian or land law has always been pluralistic in character but appears to become more unified now. She argues that unification of law is not always profitable and why.
Ani Purwanti (ani_purwanti81@yahoo.com) Scholten’s open system of law and Rahardjo’s Progressive law: a theoretical comparison of law making and implementation seen from the perspective of Gender. Ani Purwanti aims at a better distribution of justice for women who suffer injustice both by the cultural situation and legal norms in Indonesia. By giving a thorough comparison of Scholten’s and Rahardjo’s ideas (are they in essence the same?) she will try to find out how the Indonesian judge could make use of the methods of both legal scholars in order to contribute to a better situation for women.
Pablo Rueda (paruedas@gmail.com) From Law to the Market: legal mobilization and its alternatives in a globalized context. </i></b>The paper explores the limitations of the law in the global economy from a socio-legal perspective. It uses the campaign of the U’wa indigenous people of Colombia to prevent oil extraction in their land as a case study to explain when social movements shift away from legal strategies to resolve conflicts. It studies how the campaign shifted away from law-centered tactics as it grew transnationally, and instead of resorting to law campaign organizers increasingly relied on the tools available in the global market economy to prevent oil extraction from indigenous lands
Shidarta (shidarta67@gmail.com) In search of Scholten’s legacy on the ‘rechtsvinding ’method in the current Indonesian legal discourse. Dr. Shidarta elaborates on the history of the legal debate in Indonesia after independence. He relates the work of Paul Scholten to the teachings of important Indonesian legal scholars like Sudikno Mertokusumo, Arief Siddharta and the Dutch scholar Wiarda. His paper will also investigate the various legal doctrines that presently play a role in Indonesian legal discourse. Dr. Shidarta will use legal cases to illustrate his argument.
Marjanne Termorshuizen-Arts (marjannetermorshuizenarts@gmail.com)The reception of Paul Scholten in Indonesia. By using Paul Scholten’s work and its reception in the Netherlands, Marjanne compares the legal doctrine and the finding of the law in pre- and post-war Indonesia. The study will culminate in modern Indonesian views on interpretation methods and legal methodology.

 

Past event 2014

 

Symposium in Sao Paulo about Paul Scholten's theory

 

 

Recently (November 2014) there has been a seminar about Paul Scholten’s theory  in Sao Paulo.
The lecturers of this seminar both gave a speech on the second Paul Scholten Symposium and have asked (and got) permission to make a Portuguese translation of the General Method of Private Law (the first chapter of Paul Scholtens Algemeen Deel). The papers of their speeches can be found under prepublications, preprints.

Luciano de Camargo Penteado died unexpectedly from an infection in hospital on 16th of Septembet 2015.

Past Activities 2014

Second Paul Scholten Symposium on Law and Emotion

21 November 2014
Faculty of Law of the University of Amsterdam
Oudemanhuispoort 4-6
Room C.017

Speakers

Nuno M.M.S. Coelho – nunocoelho@usp.br
Pathos and legal decision in Paul Scholten and Hans Kelsen
The paper focuses on the role of emotions in legal decision, and compares Paul Scholten’s Method of Private Law, and Hans Kelsen’s Pure Theory of Law. Both recognise an unescapable non-rational ingredient in decision-making but keep quite different views about its role for legitimation.
Marco Gardini – marco.gardini@unipr.it
Case Based reasoning and procedure by formulas: a guard against emotions
The importance of the correct setting is one of the most important heritages of Roman law: in order to solve a case, the multiple claims and arguments of the parties must be organized and selected. To what extent is rationality capable of prevailing over emotions?
Terry Maroney – terry.maroney@vanderbilt.edu
Emotion as a Judicial Virtue: Perspectives both Ancient and New
Is emotion a judicial virtue or vice? While Western post-Enlightenment norms insist on the latter, contemporary psychology suggests the former – a perspective that is illuminated and given nuance and texture by the Aristotelian tradition. This talk will explore historical, philosophical, and scientific perspectives that converge around the view that emotion is a vital source of judicial wisdom.
Christof Rapp – Christof.Rapp@t-online.de
Aristotle on Modulating the Emotions of a Public Audience
In the second book of his Rhetoric Aristotle gives an intriguing analysis of several types of emotions. Three questions I would like to address in my paper: How is it possible in the first place to arouse the emotions of a public audience? What account of the emotions is required and presupposed by such a technique? Finally, what is the arousal of emotions good for?
René Brouwer – R.R.Brouwer@uu.nl
Law and emotion, the Stoic view
In my paper I will deal with the relation between law and emotion, the paradoxical, Stoic way. The Stoic conception of law leaves little room for emotions as ordinarily perceived. What is the Stoic conception of law? Which type of emotions did the Stoics endorse?
Luciano de Camargo Penteado – lucianocamargop@usp.br
Trembling necessity and analogy: juridic reason as judgment by the similiar
Some philosophers say that there is a kind of “trembling necessity”, which congregates three patterns of reasoning: universal rules, general patterns of action and singular judgments in ethics. The idea of ‘trembling necessity’ introduces emotional arguments as relevant to moral judgment.

About the keynote speakers
Nuno M.M.S. Coelho:  Lecturer in Ethics and Philosophy of Law at University of São Paulo(Brazil), co-editor of Aristotle and the Philosophy of Law: Theory, Practice and Justice, co-organizer of the workshop on Aristotle and the Philosophy of Law: Law, Reason and Emotion. He has taught (together with Luciano Penteado) a course about the General Method of Private Law of Paul Scholten to Brazilian students.
Marco Gardini: Lecturer in Roman Law at the University of Parma (Italy), where he teaches Roman Law. He has been ‘visiting professor’ at the University of Pittsburgh School of Law (U.S.A.) teaching “Comparative Legal Cultures”. After an early specialization in Artificial Intelligence and Law, his main research interests lie in the area of Torts, the Law of Things, and General Legal Theory (under the guidance of prof. Carlo Beduschi). He has recently published two books on Usufruct and Predial Servitudes. Lecturer in Roman Law at the University of Parma (Italy),
Terry Maroney: Professor of Law and Professor of Medicine, Health and Society at Vanderbilt University (USA). She specializes in criminal law, juvenile justice and the role of emotion in law, drawing heavily on interdisciplinary scholarship. Her current work examines the impact of emotion on judicial decision making. The most recent article in this series, “Angry Judges,” was published in the Vanderbilt Law Review.
Cristof Rapp: Professor of Ancient Philosophy and Rhetoric and Academic Director of the Center for Advanced studies at the Ludwig-Maximilians-Universität in Munich (Germany). He has published a translation and commentary of Aristotle’s Rhetoric and (with Tim Wagner) a translation with introduction of Aristotle’s Topics. He is especially interested in the relation between Ancient philosophy and the contemporary debates in Ontology, Ethics, Action Theory, Theory of Argumentation and Philosophy of the Mind.
René Brouwer: is a lecturer at the University of Utrecht, where he teaches law and philosophy in the Faculty of Law. He works on the theory of law and topics in ancient philosophy, with a special focus on Stoicism, its origins and reception, and the tradition of natural law. In the Winter-semester of 2013-14 he holds a visiting professorship ‘Philosophie der Antike und Moderne’ at the Humboldt University, Berlin. His monograph on the Stoic sage has recently been published, see: http://www.cambridge.org/gb/academic/subjects/classical-studies/ancient-philosophy/stoic-sage-early-stoics-wisdom-sagehood-and-socrates.
Luciano de Camargo Penteado: Lecturer in civil law at University of Sao Paulo. He has taught (together with Nuno Coelho) a course about the General Method of Private Law of Paul Scholten to Brazilian students. Author of the book Doação com encargo e causa contratual (http://www.rt.com.br/?sub=produto.detalhe&id=53673) and several other books on theory of contract and real estate.

 

Past Activities 2013

First Paul Scholten Symposium: Paul Scholten from the perspective of Comparative Legal Theory

Symposium on 15 November 2013
The Symposium was organized on the occasion of the launch of the new website of the Digital Paul Scholten Project. The editorial board kindly thanks the Bregstein Foundation for financing the invitation of the foreign guests  who gave a presentation at the Symposium and who participated in the first meeting of the new international editorial board on the next day. The Symposium was hosted by the faculty of Law of the University of Amsterdam, which supports the development of the website financially.

Speakers were:

Prof. dr  Edgar du Perron, Dean of the Faculty of Law, University of Amsterdam
Prof. dr  Kees Cappon, Chair of the Department of General Jurisprudence, Faculty of Law, University of Amsterdam
Prof. dr Jean-Louis Halpérin, Legal History, Dep. of social sciences, Ecole Normale Superieure at Paris. From a legal order to a legal system: Scholten’s contribution to a theory of legal change.
Prof. dr Burkhard Schafer, Computational Legal Theory, University of Edinburgh, Information quality and  comparative law: What we can learn from Digital humanities
Prof. dr  Laurens Winkel,Legal History, Faculty of Law, University of Rotterdam, Some remarks on Paul Scholten and the developments of legal philosophy in the first half of the 20th century
Dr Niels van Manen, former assistant professor of General Jurisprudence, Faculty of Law, Univeristy of Amsterdam, and former Justice in the Court of Appeal of Amsterdam, Jumping Judges
Dr Liesbeth Huppes-Cluysenaer, former assistant professor of General Jurisprudence, Faculty of Law, Univeristy of Amsterdam about the Development of DPSP
Drs Jelmer van der Ploeg about the technical realization of the website

Included in the program was also prof. dr Jaakko Husa (Legal Culture and Legal Linguistics, University of Lapland) with a paper titled Law and Context – Scholten’s Open System of Law and Legal Harmonization. Unfortunately his flight was cancelled because of an announced strike. His paper however is published now on the site, just like the paper of professor Halpérin. The papers of the other speakers will follow soon.

Constitutive meeting

The constituing meeting of the international editorial board on 16 November was constructive and inspiring. One of the main problems was how to go about with the registers on legislation, case law and names of the General Part.  The editorial board was very glad that professor Halpérin offered to do a research on item 109 in the register of names (de Tourtoulon) and to write a text on this author which can function as a first step to design a template for writing encyclopedic texts on the many different authors. For the references in the register on case law a first step will be made by translating one or two of the rulings as summarized in the case-compilations, which were used by Dutch students in law around 1970. For the register on legislation some Dutch experts on comparative private law will be consulted.
Next to these problems concerning the content of the site, still many problems have to be solved which are connected with doing an interactive research project on the internet. The presence of the expert knowledge of professor Schafer was very helpful in this respect. Attention was paid for example to the choice of license, policies on privacy and cookies, author-attribution of texts, references to prepublished texts, which will be revised, links to worldcat for the register of names.

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