Maastricht Foundations of Law Colloquia

The Department of Foundations of Law in the Faculty of Law cordially invites you to the next meeting of our Maastricht Foundations of Law Colloquia. On 11 June, our speaker is Sanne Taekema from Erasmus University Rotterdam - Title: (Un)Civil activism and the rule of law 

Abstract: 
The starting point for this paper is the observation that both activism and the rule of law are currently under threat. Criticism of protests is increasing and is turned into legal restrictions on protest action. Strategic appeals to courts, for instance in environmental cases, are often depicted as unwelcome interferences with the political process, all the more so if courts find for the claimant. These legal developments lead to the question how we should see the relationship between activism and the rule of law: how does the rule of law frame activism, and how do activists relate to the rule of law? This paper is an attempt to theorize these relationships, rather than study them as an empirical phenomenon.

In order to investigate theoretical connections between activism and the rule of law, I put forward a three-way division of ways in which actors can relate to legal rules: obeying, breaking or bending legal rules. I deliberately focus on rules to tap into a classic rule of law description, Fuller’s ‘subjecting human conduct to the governance of rules’ (Fuller 1969, 91), but also to allow for a discussion of the relationship between legal rules, the concept of law, and the rule of law (following Waldron 2008).


The colloquium’s format is pre-read. Those attending are expected to have read the text in advance. The draft will be circulated in advance.

Convenors:
Lukasz Dziedzic
Sebastian Reyes Molina
Roland Pierik

The colloquia will take place physically and online. The Zoom link for the online sessions will be distributed later.