40 found
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  1. The slippery slope argument.Wibren van der Burg - 1991 - Ethics 102 (1):42-65.
    I analyze three forms of the slippery slope argument (two logical and one empirical) using two questions: 1) in the context of what kind of norms are we considering a first step on a possible slope: statute law, precedent law, positive morality, or critical morality? 2) What is meant by "If we allow this first step"? The conclusion is that the argument's greatest force is in a context of institutionalized norms, like law, whereas its importance in morality is only marginal.
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  2.  36
    What Is Neutrality?Roland Pierik & Wibren Van der Burg - 2014 - Ratio Juris 27 (4):496-515.
    This paper reinvestigates the question of liberal neutrality. We contend that current liberal discussions have been dominated—if not hijacked—by one particular interpretation of what neutrality could imply: namely, exclusive neutrality, aiming to exclude religious and cultural expressions from the public sphere. We will argue that this is merely one among several relevant interpretations. To substantiate our claim, we will first elaborate upon inclusive neutrality by formulating two supplementary interpretations: proportional neutrality and compensatory neutrality. Second, we will argue that inclusive proportional (...)
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  3.  7
    The Slippery-Slope Argument.Wibren van der Burg - 1992 - Journal of Clinical Ethics 3 (4):256-268.
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  4.  18
    Law as a Second-Order Essentially Contested Concept.Wibren van der Burg - 2017 - Jurisprudence 8 (2):230-256.
    Since Gallie introduced the notion of essentially contested concepts, it has given rise to considerable debate and confusion. The aim of this paper is to bring clarity to these debates by offering a critical reconstruction of the notion of essential contestedness. I argue that we should understand essentially contestable concepts as concepts that refer to ideals or to concepts and phenomena that can only be fully understood in light of ideals and that are, as a consequence, open to pervasive contestation. (...)
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  5.  41
    Dynamic ethics.Wibren van der Burg - 2003 - Journal of Value Inquiry 37 (1):13-34.
  6.  36
    The importance of ideals.Wibren van der Burg - 1997 - Journal of Value Inquiry 31 (1):23-37.
  7.  16
    Bioethics And Law: A Developmental Perspective.Wibren Van Der Burg - 1997 - Bioethics 11 (2):91-114.
    In most Western countries, health law bioethics are strongly intertwined. This strong connection is the result of some specific factors that, in the early years of these disciplines, facilitated a rapid development of both. In this paper, I analyse these factors and construe a development theory existing of three phases, or ideal‐typical models. In the moralistic‐paternalistic model, there is almost no health law of explicit medical ethics and the little law there is is usually based on traditional morality, combined with (...)
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  8.  24
    Slippery slope arguments.Wibren van der Burg - unknown
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  9.  22
    Legislation on Ethical Issues: Towards an Interactive Paradigm.Wibren Van Der Burg & Frans W. A. Brom - 2000 - Ethical Theory and Moral Practice 3 (1):57 - 75.
    In this article, we sketch a new approach to law and ethics. The traditional paradigm, exemplified in the debate on liberal moralism, becomes increasingly inadequate. Its basic assumptions are that there are clear moral norms of positive or critical morality, and that making statutory norms is an effective method to have citizens conform to those norms. However, for many ethical issues that are on the legislative agenda, e.g. with respect to bioethics and anti-discrimination law, the moral norms are controversial, vague (...)
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  10.  26
    Bioethics and law: A developmental perspective.Wibren Van Der Burg - 1997 - Bioethics 11 (2):91–114.
    In most Western countries, health law bioethics are strongly intertwined. This strong connection is the result of some specific factors that, in the early years of these disciplines, facilitated a rapid development of both. In this paper, I analyse these factors and construe a development theory existing of three phases, or ideal‐typical models. In the moralistic‐paternalistic model, there is almost no health law of explicit medical ethics and the little law there is is usually based on traditional morality, combined with (...)
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  11.  5
    Law and Bioethics.Wibren van der Burg - 2009 - In Helga Kuhse & Peter Singer (eds.), A Companion to Bioethics. Oxford, UK: Wiley‐Blackwell. pp. 56–64.
    This chapter contains sections titled: Law Morality From Morality to Law From Law to Morality Converging Law and Morality Diverging Law and Morality: Beyond the Liberal Model References Further reading.
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  12.  11
    The Merits of Law.Wibren van der Burg - 2019 - Archiv für Rechts- und Sozialphilosophie 105 (1):11-43.
    Is the law good? How can it be improved? These questions are frequently addressed, both in traditional doctrinal research and in interdisciplinary legal research. In this article, I elaborate a general argumentative framework for justifying evaluations and recommendations for legislative reform, and I identify the chains of argument for making evaluations and recommendations. This may help researchers to make their arguments explicit and transparent, and then to justify the choices made for each of the steps in the argument. This enables (...)
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  13.  7
    Pragmatist reflective equilibrium.Wibren van der Burg - 2024 - Synthese 203 (2):1-26.
    Rawls’ notion of reflective equilibrium has a hybrid character. It is embedded in the pragmatist tradition, but also includes various Kantian and other non-pragmatist elements. I argue that we should discard all non-pragmatist elements and develop reflective equilibrium in a consistently pragmatist manner. I argue that this pragmatist approach is the best way to defend reflective equilibrium against various criticisms, partly by embracing the critiques as advantages. I begin with discussing how each of the three versions of reflective equilibrium in (...)
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  14.  16
    Jürgen Habermas on Law and Morality: Some Critical Comments.Wibren van der Burg - 1990 - Theory, Culture and Society 7 (4):105-111.
  15.  40
    The expressive and communicative functions of law, especially with regard to moral issues.Wibren van der Burg - 2001 - Law and Philosophy 20 (1):31-59.
    In this article, I argue that law has two oftenneglected functions: the expressive and thecommunicative functions. They are especially importantfor legislation on moral issues, such as biomedicalethics and anti-discrimination law. The communicativefunction of law is a complex one: law may create anormative framework, a vocabulary to structurenormative discussions, as well as institutions andprocedures that promote further discussion. Theexpressive function of law is at stake when itexpresses which fundamental standards, which valuesare regarded as important. The recognition of thesefunctions is not only (...)
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  16.  46
    Essentially Ambiguous Concepts and the Fuller-Hart-Dworkin Debate.Wibren van der Burg - 2009 - Archiv für Rechts- und Sozialphilosophie 95 (3):305-326.
    Concepts such as law, religion or morality may refer both to a practice (or process) and to a doctrine (or product). My thesis is that we should not regard these as separate phenomena, but as two partly incompatible models of the same phenomenon. Law, religion and morality are therefore essentially ambiguous concepts (EAC). An EAC is a concept which refers to a dynamic phenomenon that may only be described and modeled in at least two different ways that are each essentially (...)
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  17. The Neutral State and the Mandatory Crucifix.Roland Pierik & Wibren van der Burg - 2011 - Religion and Human Rights 6 (3):259–264.
    In this article we present a conceptual overview of relevant interpretations of what state neutrality may imply; we suggest a distinction between inclusive neutrality and exclusive neutrality. This distinction provides a useful framework for understanding the several positions as presented by the parties in the Lautsi case. We conclude by suggesting a solution of the Lautsi case that might provide a more viable solution.
     
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  18.  7
    The dynamics of law and morality: a pluralist account of legal interactionism.Wibren van der Burg - 2014 - Burlington, VT: Ashgate.
    Two basic models of law and morality -- Essentially ambiguous concepts -- The debate between Fuller, Hart, and Dworkin -- The relations between law and morality -- A pluralist framework -- What is Legal Interactionism? -- Understanding the dynamics of law --Three apparent anomalies in modern law -- The necessary and contingent relationship between law and morality.
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  19.  10
    From Ethical Analysis to Legal Reform.Wibren van der Burg - 2022 - De Ethica 7 (1):41-59.
    Ethical analysis may result in recommendations for legal reform. This article discusses the problem of how academic researchers can go from ethical normative judgments to recommendations for law reform. It develops a methodological framework for what may be called ‘ethical transplants’: transplanting ethical normative judgments into legislation. It is an inventory of the issues that need to be addressed, but not a substantive normative theory. It may be especially helpful for Ph.D. students and beginning researchers working in interdisciplinary projects combining (...)
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  20.  21
    Beliefs, Persons and Practices: Beyond Tolerance.Wibren van der Burg - 1998 - Ethical Theory and Moral Practice 1 (2):227 - 254.
    The central thesis of this paper is that, for most issues of multiculturalism, regarding them as a problem of tolerance puts us on the wrong track because there are certain biases inherent in the principle of tolerance. These biases -- individualism, combined with a focus on religion and a focus on beliefs rather than on persons or practices -- can be regarded as distinctly Protestant. Extending the scope of tolerance may seem a solution but if we really want to counter (...)
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  21.  16
    Motivation by ideal : A reaction to J. David Velleman.Sanne Taekema & Wibren van der Burg - 2004 - Philosophical Explorations 7 (1):91-98.
    Moral ideals should not be seen as simple and purely personal, but as complex values with a social dimension that transcend attempts to formulate or realize them. Orientation towards ideals needs a realistic component: people should identify with the quest for an ideal, not with the ideal itself, and consider the possibility of negative consequences of their pursuit. Such realism about ideals includes acknowledging that ideals are not the only, nor the most important, motivating force of morality.
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  22.  47
    Beliefs, persons and practices: Beyond tolerance.Wibren van der Burg - 1998 - Ethical Theory and Moral Practice 1 (2):227-254.
    The central thesis of this paper is that, for most issues of multiculturalism, regarding them as a problem of tolerance puts us on the wrong track because there are certain biases inherent in the principle of tolerance. These biases – individualism, combined with a focus on religion and a focus on beliefs rather than on persons or practices – can be regarded as distinctly Protestant. Extending the scope of tolerance may seem a solution but if we really want to counter (...)
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  23. Conceptual theories of law and the challenge of global legal pluralism : a legal interactionist approach.Wibren van der Burg - 2020 - In Paul Schiff Berman (ed.), The Oxford handbook of global legal pluralism. New York, NY: Oxford University Press.
     
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  24.  9
    Developing a liberal-protestant ethics in a dynamic and pluralist world.Wibren van der Burg - unknown
  25. Doormodderen in de polder of bouwen van luchtkastelen?. Slotreactie op Wolff & Maris.Wibren van der Burg - 2012 - Filosofie En Praktijk 33 (4).
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  26. De neutrale overheid—'and never the twain shall meet'?Wibren van der Burg - 2012 - Filosofie En Praktijk 33 (1).
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  27. De neutrale overheid: abstracte filosofie versus staatsrechtelijke praktijk.Wibren van der Burg - 2010 - Filosofie En Praktijk 31 (3):6.
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  28.  6
    De Siamese tweeling: recht en moraal in de biomedische praktijk.Wibren van der Burg - 1994 - Assen: Van Gorcum. Edited by Pieter Ippel.
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  29.  9
    Foundations and limits of tolerance: The swiss debate on mosques from a dutch perspective.Wibren van der Burg - unknown
  30.  16
    In defense of state neutrality.Wibren van der Burg & Frans W. A. Brom - unknown
  31.  60
    Motivation by ideal : A reaction to J. David Velleman.Wibren van der Burg & Sanne Taekema - 2004 - Philosophical Explorations 7 (1):91 – 98.
    Moral ideals should not be seen as simple and purely personal, but as complex values with a social dimension that transcend attempts to formulate or realize them. Orientation towards ideals needs a realistic component: people should identify with the quest for an ideal, not with the ideal itself, and consider the possibility of negative consequences of their pursuit. Such realism about ideals includes acknowledging that ideals are not the only, nor the most important, motivating force of morality.
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  32.  7
    Over idealen: het belang van idealen in recht, moraal en politiek.Wibren van der Burg, Frans W. A. Brom & Schoordijk-Instituut (eds.) - 1998 - Deventer: W.E.J. Tjeenk Willink.
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  33.  10
    The Importance of Ideals: Debating Their Relevance in Law, Morality, and Politics.Wibren van der Burg & Sanne Taekema - 2004 - Peter Lang.
    Ideals are important in social reality, but they have been neglected in theories of law, politics, and morality. This book has the role of ideals as its central theme. More specifically, it argues that ideals are necessary to understand pluralism, that they are key elements in controversy and debate, and that they enable development. It combines theoretical analysis of the concept of ideals with discussion of concrete debates and cases, including philosophical debates about politics and equality, sociological studies of the (...)
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  34. The Merits of Law An Argumentative Framework for Evaluative Judgements and Normative Recommendations in Legal Research.Wibren Van Der Burg - 2019 - Archiv Fuer Rechts Und Sozialphilosphie 105 (1):11-43.
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  35.  8
    The regulation of professionals; two conflicting perspectives.Wibren van der Burg - unknown
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  36.  34
    Understanding the gap between theory and practice.Wibren van der Burg - manuscript
    The familiar idea of a gap between theory and practice cannot be understood in terms of distinctions such as general-particular or abstract-concrete. A "gap" suggests a more fundamental difference. The underlying distinction is that between two incomplete and incompatible models of morality, a doctrine model and a practice model. Morality can be described in terms of interaction, a practice, and it can be described as a set of precepts, an ethical doctrine. This distinction may help us to understand various debates (...)
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  37.  9
    Walton`s Slippery Slope Arguments.Wibren Van Der Burg - 1993 - Informal Logic 15 (3).
  38.  30
    The Care of a Good Caregiver: Legal and Ethical Reflections on the Good Healthcare Professional.Wibren van der Burg, Pieter Ippel, Alex Huibers, Babette de Kanter-Loven, Ina Smalbraak-Schieven & Laurens van Veenendaal - 1994 - Cambridge Quarterly of Healthcare Ethics 3 (1):38.
    A central concept in Dutch health law is the care of a good caregiver. We find this standard in various statutes and in legal doctrine. This concept is, however, vague and open and must be made more concrete in professional practice, in moral theory, and in law. In this article, we explore the implications of this complex standard and analyze what moral philosophy and jurisprudence can contribute to its clarification and implementation in professional practice and law. We start with some (...)
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  39.  9
    Rediscovering Fuller: Essays on Implicit Law and Institutional Design.W. J. Witteveen & Wibren van der Burg - 1999 - Amsterdam University Press.
    Lon Fuller, one of the great American jurists of this century, is often remembered only for his stand on the morality of law in the Fuller-Hart debate. Rediscovering Fuller considers the full range of Fuller's writings, from his early engagement with legal fictions and his critique of legal positivism to his later work on implicit law and the art of institutional design. Contributors from the fields of both civil law and common law argue that Fuller's insights are highly relevant to (...)
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  40.  39
    Legislation on ethical issues: Towards an interactive paradigm. [REVIEW]Wibren Van der Burg & Frans Brom - 2000 - Ethical Theory and Moral Practice 3 (1):57-75.
    In this article, we sketch a new approach to law and ethics. The traditional paradigm, exemplified in the debate on liberal moralism, becomes increasingly inadequate. Its basic assumptions are that there are clear moral norms of positive or critical morality, and that making statutory norms is an effective method to have citizens conform to those norms. However, for many ethical issues that are on the legislative agenda, e.g. with respect to bioethics and anti-discrimination law, the moral norms are controversial, vague (...)
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