‘The rule of law needs constant reinforcement’
‘The rule of law needs constant reinforcement’

‘The rule of law needs constant reinforcement’

“As a philosopher, I am fascinated by the ideal of justice and especially by the question of what a just society is. Societal developments lead to different ways of thinking about this question. For example, I do research into autonomy and consent. This plays a role in many areas of life: organ donation, termination of life and the criminalisation of rape. In legislation, the idea of consent increasingly defines the limits of governmental power: on issues to which we consent the government has a legitimate reason to take coercive action. If there is no consent, there is no legitimacy. But when is there consent? Should consent be given verbally or non-verbally? And what happens when you change your mind? I investigate the relationship between consent and autonomy and between consent and legislation with the aim of finding a normative-legal concept that can be used in various domains.”

“Together with colleagues from our faculty I also study the issue of a just society by conducting research into the resilience of our constitutional state. What makes a constitutional state resilient and what undermines this resilience? The rule of law, after all, is a vulnerable structure that needs constant reinforcement, not only by politicians and jurists, but also by citizens. In Poland and Hungary, you see how quickly the rule of law can be eroded. It is true that these are fledgling democracies that do not have the long-term stability that we have in the Netherlands. But the recent benefits scandal and other integrity issues show how vulnerable our rule of law can be. It is naive to think that today's legal and political institutions will last forever.”

“Legislation and institutions are indeed important for maintaining the rule of law, but awareness of the rule of law is also crucial. We cannot focus solely on legislation and institutions. That formal system must be reinforced by an awareness of the importance of the rule of law and its underlying principles. Otherwise, you can have a beautiful building that is still in danger of collapse.”

“As an academic, I am reluctant to take an active public position about what I consider to be a just society. This usually implies a personal view of what makes a society just, which quickly leads to political convictions. As an academic, I don't want to let my personal views and beliefs bias my research. However, through education, lectures and articles I hope to encourage people to think about what the rule of law means to them so they can perhaps help to shape this aspect of our society. In this way I hope to make a contribution to a more just society.”

Reading tip: Justice. What's the right thing to do? (2009) by Michael Sandel

“What is justice? And how do we structure a just society? Much has been written about these questions. However, there is very little challenging reading material that is accessible to a wider academic audience. Justice: What's the right thing to do (2009) by Harvard professor Michael Sandel is not new, but it is always interesting to read.”

Translated into Dutch with the title Rechtvaardigheid. Wat is de juiste keuze? (Ten Have, 2015). The lectures that inspired the book can also be viewed online: https://justiceharvard.org/justicecourse/.”

Ronald Tinnevelt (Nijmegen, 1971) studied public administration and organisational sciences and philosophy. After obtaining his PhD in 2001, he worked as a postdoctoral researcher and guest lecturer at the Institute of Philosophy at KU Leuven. He was also a visiting scholar at Harvard University and Stanford University. Since 2021, he has been professor of the Philosophy of Law at Radboud University.

Photo: Getty Images, Pierre Crom

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