Theoretical Relevance

The additional chapter in the Book on the theory of Paul Scholten should give a general overview of the discussions in legal theory which have been inspired by Paul Scholten: the main characteristics of his theory, the discussions about the intepretation and value of his ideas. Till now these discussions were in Dutch between Dutch scholars. What is needed is a discussion in which the theory of Paul Scholten is compared to the many writers to which he refers himself, like Gény, Stammler, Burkhardt, de Tourtoulon. This is not only important to mark the similarities and differences with his own contemporaries, but especially also to understand the differences and similarities between the intellectual climate of Europe in his days and in our days. The understanding of the current relevance of the ideas of Paul Scholten by comparing them with the legal theorists which are covering the pages of textbooks today, such as Dworkin, Hart and Kelsen, should therefore be embedded in the older discussions to be aware of the great discontinuity brought along with World War II.

There are already formulated some research questions to make a start with the research part of the project and be able to test the site on this. This doesn’t mean that these questions cannot be discussed or that new questions should not be formulated.

Please comment on the feasability of the formulated research questions here.

Please put suggestions for other research question here

Back to top

©2013 UvA

Site made by: Woovar (Development) and Huppes-Cluysenaer, Graphical design:,