Workshops & Seminars by Bart van Klink
'At a time when the performative demands of the neo-liberal university threaten to marginalize li... more 'At a time when the performative demands of the neo-liberal university threaten to marginalize liberal and post-liberal traditions of critical enquiry, it is important to be reminded that a quality legal education can be both richly sceptical and imaginative. For those interested in deepening their students' empirical, normative and affective understanding of legal phenomena, and of their own place in the legal world, this collection of essays offers both a multi-faceted account of educational praxis and some persuasive examples of how we can educate better.' – Julian Webb, The University of Melbourne, Australia 'This is a very varied, interesting and stimulating collection of essays. It deserves a wide readership, as there are topics of interest to all law teachers.' – Fiona Cownie, Keele University, UK 'In a world dominated by technology, technique, and bureaucracy this collection of essays represents a most welcome and intelligent effort to render legal education, and law itself, more fully human, coherent, and effective, from the point of view both of the individual human being and the larger society.' – James Boyd White, The University of Michigan, US The nature and purpose of legal education has become a topic of intense debate in recent years. This timely book calls for a critical re-evaluation of university legal education, with the particular aim of strengthening its academic nature. The contributors emphasize lecturers' responsibility to challenge the assumptions students have about law, and the importance of putting law in a theoretical and social context that allows for critical reflection and sceptical detachment. In addition, the book reports upon teaching experiences and innovations, offering tools for teachers to strengthen the academic nature of legal education, and concludes with concrete proposals for change. Students and scholars engaged in the debate regarding the re-evaluation of academic legal education will find this book invaluable to their work. It will also be of interest to practitioners, such as educational experts and administrators looking to understand the role of law schools in creating responsible citizens. Consisting of scholarly monographs, Research Handbooks, companions and dictionaries as well as research reviews and journals. Please email [email protected] (UK & RoW) or [email protected] (N/S America) for more information. Our eBooks are available for individuals through Google ebookstore and eBooks.com. Ask your librarian to request a free trial.
Papers by Bart van Klink
The rule of law: Between ideology and utopia 38 Bart van Klink 4 Legislative hope and utopia 59 C... more The rule of law: Between ideology and utopia 38 Bart van Klink 4 Legislative hope and utopia 59 Carinne Elion-Valter 5 A secular form of grace: A place for utopia in law 76 Leon van den Broeke PART II UTOPIAN POLITICS: REDEMPTION OR A 'RECIPE FOR BLOODSHED'? 6 The politics of hope: Utopia as an exercise in social imagination 96 Marta Soniewicka 7 The utopian ideals of the political order of the European Union: Is a European republic possible? Jan Willem Sap 8 'The coming community': Agamben's vision of messianic politics Oliver W. Lembcke 9 The allure of utopia: Klaas Schilder's stress on the relevance of hic et nunc George Harinck
Wat dragen de reflexieve (of metajuridische) vakken precies bij aan de academische vorming van re... more Wat dragen de reflexieve (of metajuridische) vakken precies bij aan de academische vorming van rechtenstudenten? Heel wat, aldus Bart van Klink en Bald de Vries in deze bijdrage.
Oñati Socio-Legal Series, 2022
This article investigates how participatory art can contribute to legal change. As a case study, ... more This article investigates how participatory art can contribute to legal change. As a case study, it discusses Jonas Staal’s project of New World Summit in Rojava, a (so far still) autonomous region in North and East Syria. It offers an interesting case, since it invites the law to include what it has excluded so far. To begin with, it is clarified how change is conceived within legal systems based on the rule of law. Although law resists radical change, it is involved in a constant process of adaptation to its environment. Subsequently, Staal’s project of New World Summit is discussed from a utopian perspective. Its apparent impossibility is what makes is so valuable for law and its development. By erecting a parliament for Rojava, it presents a picture of how the international order could look like when things were different. It basically is an exercise in “utopian world-making”.
Ars aequi, Nov 1, 2020
Hoe moet het juridische vaardighedenonderwijs in er in de toekomst uitzien? Is het wenselijk dat ... more Hoe moet het juridische vaardighedenonderwijs in er in de toekomst uitzien? Is het wenselijk dat de rechtenstudent wordt gevormd tot een T-shaped lawyer die, behalve over juridische kennis, ook beschikt over algemene kennis en vaardigheden? Ter verheldering van de discussie presenteert Van Klink een Vaardighedenkwadrant, waaruit verschillende opties voor de verdere ontwikkeling van het juridische vaardighedenonderwijs volgen
Białostockie Studia Prawnicze
This paper provides a comparison of the regulation of the pandemic in the Netherlands and Poland ... more This paper provides a comparison of the regulation of the pandemic in the Netherlands and Poland in order to determine whether a country with a high level of adherence to the rule of law in normal circumstances would also maintain this adherence in exceptional circumstances to a greater degree than a country with an initially lower level of adherence. The central questions posed in the paper are the following: what is the role of the rule of law in regulating the pandemic in the Netherlands and Poland? Is it true that the Dutch government was more successful in preserving legality than its Polish counterpart. By comparing the regulations in the two countries, the paper explores what role the rule of law – in particular, the principle of legality – may play in a crisis situation like this. According to Carl Schmitt, in a state of emergency, order has to be restored first before a return to the ‘normal’ legal order is possible. Does the regulation of the COVID-19 pandemic in the two c...
Temporal Boundaries of Law and Politics
According to Willem Witteveen, ‘[s]low law is the true art of legislating’. 1 Law seems to be eit... more According to Willem Witteveen, ‘[s]low law is the true art of legislating’. 1 Law seems to be either too late or too soon, but never ‘in time’. It is often too late, because at the very moment that a statute is promulgated, after a lengthy legislative process, the social norms codified in the law may have changed. In adjudication, there is a growing pressure on judges to act quicker, so that more cases are decided in less time. 2 Increasingly, the legal forms that structure the process of law-making and law application are seen as a hindrance to what people seem to desire: justice on direct demand. As Ernst Junger observes: ‘and even the fastest beat of legislation lags behind the march of life, which in each moment demands its right’. 3 At the same time, law sometimes appears to come too soon. People are not always ready for the norms that the law offers. Legislation with a high aspirational character, such as non-discrimination law or environmental law aiming at sustainable development, often meets with resistance in society. Moreover, the legislature is sometimes accused of issuing legislation too quickly, without having taken enough time for deliberation and reflection. As a result, the legislation may be of a bad quality, as for instance the phenomenon of ‘ad hoc legislation’ shows. 4.
Utopian Thinking in Law, Politics and Architecture, Hope in a hopeless world, 2022
This innovative book explores the role of utopian thinking in law and politics, including alterna... more This innovative book explores the role of utopian thinking in law and politics, including alternative forms of social engineering, such as technology and architecture. Building on Levitas’ Utopia as Method, the topic of utopia is addressed within the book from a multidisciplinary perspective.
This book is Open Access and can be downloaded at https://www.elgaronline.com/view/book/9781803921402/9781803921402.xml
Uploads
Workshops & Seminars by Bart van Klink
Papers by Bart van Klink
This book is Open Access and can be downloaded at https://www.elgaronline.com/view/book/9781803921402/9781803921402.xml
This book is Open Access and can be downloaded at https://www.elgaronline.com/view/book/9781803921402/9781803921402.xml
A paper proposal (approx. 450 words) can be sent to the editors before the 1 st of September. Please send a proposal for the first part to Ingeborg van der Geest: [email protected]; for the second part to Bart van Klink: [email protected]; and for the third part to Henrike Jansen: [email protected].