Sol Iustitiae Setting? : The Utrecht Law School and Its Relation to Slavery.

Format:

Book

Author/Creator:

Milo, Michael.

Contributor:

Fraser, Julie.

McGonigle Leyh, Brianne.

Language:

English

Subjects (All):

Slavery--Law and legislation.

Slavery.

Transitional justice.

Physical Description:

1 online resource (232 pages)

Edition:

1st ed.

Place of Publication:

The Hague : Boom Uitgevers Den Haag, 2025.

Summary:

This book examines the historical relationship between Utrecht University's Law School and the institution of slavery, focusing on the role of legal academia in shaping and perpetuating colonial-era laws that upheld slavery. Drawing on research conducted by students and professors, it explores the law faculty's involvement in slavery, historical perspectives on Roman-Dutch law, transitional justice measures, and reparations. The essays analyze the moral and legal implications of slavery, the Dutch state's liability for its colonial past, and the challenges in achieving justice and reparation. Written by legal scholars and students, the work provides critical insights into the intersection of law, justice, and historical accountability, targeting an academic audience and policymakers interested in transitional justice and historical redress. Generated by AI.

Contents:

Intro

Table of Contents

Foreword

Preface

Introduction

Sol Iustitiae Setting. Slavery by Utrecht Law Professors in Learned Law

1 Introduction

2 Roman law and slavery

3 Roman Law's Reception

4 Roman-Dutch Law

5 Utrecht Scholars on Slavery

5.1 Paulus Voet

5.2 Johannes Voet

5.3 Jacobus Voorda

6 Roman-Dutch Law in the Colonies

7 Concluding Remarks

Batavian Freedom - On the Tacit Acceptance of Slavery in Dutch Law

2 Article Two's Substantive Origins

3 Article 2's Formation in Parliamentary Debate

4 Understanding Article 2 - Civilian Methodology

5 Scholars: Opzoomer Leading, Diephuis Following

6 Scholars of Some Action

7 Article 2's Afterlife

8 Conclusions

Can Justice Unleash? An Investigation into the Means of Transitional Justice that the Netherlands Can Deploy for the Processing and Recovery from the Slavery Past and the Liability of the Dutch State for Damages from the Slavery Past

2 Approaches within the Field of Transitional Justice

2.1 Introduction

2.2 The History of Transitional Justice

2.3 Transitional Justice as a Research Field

2.4 Transitional Justice in International Law

2.5 Reparations

2.6 Transitional Justice for Historical Injustice

3 Measures Taken by the Dutch State

3.1 Introduction

3.2 Recognition, Apologies and Recovery

3.3 The Slavery Apologies of 19 December 2022

3.4 Excuses in Transitional Justice

3.5 Compensation and Restitution

4 Liability of the Dutch State for Damages Resulting from the Slavery Past

4.1 Introduction

4.2 Claim for Reparations under International Law

4.3 Claims for Reparations under Dutch Law

4.4 Liability of the Government Based on an Unlawful Act

4.4.1 Introduction

4.4.2 Sorts of Damage

4.4.3 Causality

4.4.4 Wrongfulness.

4.4.5 Determination of Perpetrator and Victim

4.4.6 Relativity

4.5 Prescription of the Claim

4.5.1 General Remarks

4.5.2 Van Hese/De Schelde

4.5.3 The Widows of Rawagede

4.5.4 The Widows of South Sulawesi

4.6 Unjustified Enrichment and Slavery Reparation Lawsuits in the USA

5 After the Limitations: the Possibilities

5.1 Transformative Reparations

5.2 The Role of the Law

6 Conclusion

Does Time Heal All Wounds? An International Human Rights Law and Natural Law Analysis of Reparations in the Netherlands for Slavery in the Context of Transitional Justice

2 Legal Framework

2.2 Reparations in International Law

2.2.1 The Binding International Human Rights Law Framework

2.2.2 The Non-Binding International Human Rights Law Framework

2.3 Reparations in European Law

2.4 The Legal Framework and Slavery

2.5 Conclusion

3 Natural Law Theoretical Framework

3.2 Natural Law Theory

3.3 Transitional Justice

3.4 Conclusion

4 Reparation Analysis

4.2 Reparations Made by the Netherlands

4.2.1 Reparations Requested by Descendants

4.3 Natural Law Analysis

4.4 Transitional Justice Analysis

4.4.2 First Pillar: Prosecutions

4.4.3 Second Pillar: Truth-telling

4.4.4 Third Pillar: Reparations

4.4.5 Fourth Pillar: Institutional Reform

4.4.6 Fifth Pillar: Memorialization

4.5 Conclusion

5 Final conclusions

'Not a Full Stop, but a Comma'. The Reparation Program for the Dutch Slavery Past in Light of the Field of Transitional Justice

2 Historical framework

2.1 The Affected Rights of Enslaved People and the Abolition of Slavery

2.2 The Definition of Slavery in International Law

2.3 Prohibition of Slavery in International Legislation.

2.4 Effect of Slavery in the Netherlands

3 Theoretical Framework

3.1 Transitional Justice

3.2 Reparations

3.3 Victims

3.4 Forms of Reparations

3.5 Historical Harms and Transitional Justice

3.6 The Importance of Participation

4 Current Reparation Program

4.1 (The Run Up to) the Apology

4.2 Knowledge and Awareness

4.3 Recognition and Remembrance

4.4 Effects and Processing

5 Transitional Justice Norms and the Current Reparation Program

5.1 Scope of Transitional Justice

5.2 Restitution, Rehabilitation and Compensation

5.3 Satisfaction and Guarantees of Non-repetition

5.4 Participation

6 Proposals

6.1 Collective Reparations

6.2 Development Fund

6.3 Financial Compensation and the Current Reparation Program

6.4 The Embedding of the Slavery Past in a Law

6.5 Recognition in a Law

6.6 Apology in a Law

6.7 Reparation in a Law

6.8 Motion Nicolaï and the Current Reparation Program

7 Proposed Design

7.1 Passed Motions and Participation Defects

7.2 Financial Compensation

7.3 The Choice of a Development Fund

7.4 The Choice of Embedding the Apology in a Law

8 Conclusion

Jan Ackersdijck against Slavery - A Mission with Method between Law and Economics

2 A Short Biography

3 Political Economy and Statistics

4 Against Slavery

5 Ackersdijck's Journal on the Colonies and the Emancipation of the Enslaved

6 Address to the Second Chamber

7 Conclusion

Disrupting the Silent Legacy. Slavery and Criticality in the UU Law School

2 Theoretical Framework

2.2 Poststructuralism and Discourse

2.3 Critical Pedagogy

2.4 Critical Race Theory

2.4.1 Poststructuralism

2.4.2 Intersectionality

2.4.3 Wekker's Analysis of Dutch Discourse as White Innocence

2.5 Conclusion: Description of Position.

3 Material Epistemic Exclusions in the Utrecht Law Curriculum

3.1 The Program

3.2 Syllabi Scan

3.3 Conclusion

4 Filling the Material Gap: Five Case Studies

4.2 Roman Legacy

4.3 Something New: White Supremacy

4.4 Legal Discourse in the 18th Century Republic

4.4.1 Two Case Studies

4.4.2 'Free Soil' and the Law of 1776

4.4.3 The Constitution of 1798

4.4.4 Silence as Discourse in the Dutch Republic

4.5 The Construction of Whiteness in the Dutch East Indies

4.6 The Construction of Whiteness in Dutch political citizenship

4.7 Conclusion

5 Epistemic Exclusions Perpetuated by Methodology

5.1 Introductory Remarks

5.2 Dominant Methodology: Traditional Doctrinal Analysis

5.3 Positivism is Presumed by the Dominant Method

5.4 Epistemic Exclusion by the Dominant Method

5.5 Roman Roots

5.6 Conclusion

6 Filling the Methodology Gap: Critical Lens

6.1 Introduction

6.2 Levels and Domains of a Critical Attitude

6.3 More Criticality, More Theory?

6.4 Critical Lens

7 Practical Proposals for the Course Constitutional Law

Follow the Money: A Legal Historical Analysis of the Compensation Provisions in the Dutch Emancipation Act

1.1 Setting the Scene

1.2 Research Objective

2 The 1863 Emancipation Act

2.1 A Brief Legislative History of the 1863 Emancipation Act

2.2 From vergoeding to tegemoetkoming

2.3 Empty Words?

3 The Utrecht University School of Law

3.2 Scope, Tools and Limitations

3.3 Results

Curatores, Colegii Curatorum Praesides and Colegii Curatorum Actuarii.

Professors and Rectores Magnifici

Students

a. Direct Compensation

b. Indirect Compensation

c. Direct Involvement

4 Conclusion

Conclusion

List of Contributors.

Notes:

Description based on publisher supplied metadata and other sources.

Part of the metadata in this record was created by AI, based on the text of the resource.

Other Format:

Print version: Milo, Michael Sol Iustitiae Setting?

ISBN:

9789400114722

OCLC:

1490381497