Due to processes of globalisation, nation-states have become less prominent. International and EU law exert significant influence. Multinational corporations hold great power. Migration, climate change, international trade, digitalisation, and tourism render national borders increasingly irrelevant. These developments raise both legal and philosophical questions. How should we organise this new world? This is the focus of the new book by Wibren van der Burg, Professor of Legal Philosophy and Legal Theory at Erasmus School of Law.
A book born from teaching
"The book developed gradually," Van der Burg explains. "I started by writing some introductory texts for the legal philosophy course, then realised I could turn them into a coherent book. Each year, I added two chapters, and after four years, the book was complete." Although the book is primarily written for educational purposes, its reach extends beyond the classroom. Van der Burg adds: "Throughout the writing process, I kept in mind that I wanted all legal professionals, and really everyone, to reflect on how we can best shape our society."
Law for everyone
Van der Burg elaborates: "The book is intended for third-year students studying legal philosophy, but it is also aimed at a wider audience. Critical thinking about the law and how it can be improved is a task for every legal professional and every citizen." According to Van der Burg, ideals such as democracy, the rule of law, human rights, and justice were once guiding principles for shaping the Dutch state. "In this book, I analyse how we can rethink these ideals so they remain relevant in a global context."
Lawyers as shapers of society
Van der Burg argues that lawyers bear a special responsibility in a changing world. He refers to American legal theorist Lon L. Fuller, who described lawyers as "architects of institutional design." "Lawyers shape society through the law. They draft contracts and legislation, conduct litigation, offer advice, and deliver judgments. That is why they have a unique responsibility for the quality of the legal system and the rule of law." According to Van der Burg, this responsibility is more pressing than ever. "Every day, we witness in the United States just how vulnerable a democratic constitutional state can be. I believe it is up to lawyers to defend and protect it."
Food for thought
A distinctive feature of the book is that each chapter concludes with a section titled 'Stof tot nadenken'. These sections highlight contemporary issues without offering ready-made solutions, encouraging readers to engage in reflection. Provocative topics include the nature of the European Union, rights for animals and ecosystems, and democracy in the corporate world.
What kind of lawyer do I want to be?
The book ends with a chapter on professional ethics. According to Van der Burg, this touches on the core of legal education: "Ultimately, the most important question in studying law is: how do I become a good lawyer? Of course, this requires a deep understanding of the law, but it also involves ethics: what kind of lawyer do I want to be, what kind of person do I want to be? Every law student, and every graduate, must face that question: what contribution can I make to a sustainable and just society, and the democratic rule of law?"
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Want to know more? Consult 'Rechtsfilosofie in een pluralistische wereld. Nadenken over de verantwoordelijkheid van juristen' (in Dutch) by Wibren van der Burg, published by Boom (2024), via this .
