Revolutionary Legal Scholarship
A revolution is a change in the most basic structure of the scientific, social, political, economic, or legal world. Revolutionary legal scholarship examines arguments and strategies for legal revolution in this sense. The talk defends revolutionary legal scholarship as a legitimate and much needed approach to law – at least as legitimate as dominant positivist-doctrinal and policy-oriented approaches. Epistemically, there is no reason to assume that true knowledge is more likely to be obtained concerning the legal status quo or gradual legal reform than regarding revolutionary change. Normatively, revolution may be justified as a remedy for structural injustice – a radical but perhaps necessary form of corrective justice. Research-ethically, revolutionary legal scholarship can be as rigorous as any legal scholarship. The talk centres four strands in contemporary revolutionary legal scholarship: work on abolition, non-reformist reform, legal prefiguration, and being a legal revolution.
Speaker
Professor Martijn Hesselink is a Professor of Transnational Law and Theory at the European University Institute. Prior to joining the EUI, he was Professor of European Private Law at the University of Amsterdam, where he was also the founding Director of the Centre for the Study of European Contract Law. Professor Hesselink has been a visiting professor or fellow at several universities, including René Descartes (Paris V), Roma Tre, Católica Global School of Law (Lisbon), Panthéon-Sorbonne (Paris I), Sciences Po (Paris), Columbia Law School (New York), and the Institute for European and Comparative Law (Oxford).