Paul Scholten Centre Colloquium with Chantal Mak (CSECL). Discussant: Roland Pierik (PSC).
In February 2016, Chantal Mak deliverd her inagural lecture . In this colloquium we will discuss the text of the lecture (which can be downloaded below), while focusing on the normatieve framework underlying Prof. Mak position.
To what extent should judges in civil cases take into account moral views in their adjudication of a case? The answer to this question depends on the way in which the relationship between law and morality is conceived of: If law is seen as a branch of political morality, judges should already take into consideration moral views when defining the legal question that is at stake in a case. If, on the other hand, law and morality are understood as related, but not completely overlapping, then societal moral views will be of lesser significance in deciding the legal question at issue. On the basis of examples taken from different European countries (the Netherlands, England, Spain) and the case law of the Court of Justice of the European Union, this lecture explores ideas of law, morality and justice that find expression in judgments in civil cases in the EU. It is submitted that, while judges should in principle not interfere with questions of personal morality, they may be required to acknowledge the implications of a society’s political morality for a specific private legal dispute.
Research colloquium, organised by the Paul Scholten Centre. This colloquium is open to all, no registration required. A copy of the paper can be obtained via firstname.lastname@example.org.