The key question addressed by this thesis is: ‘what is justice?’ This question does not only apply to the judgment based on positive or written law. A renowned Dutch lawyer, Professor Paul Scholten...Show moreThe key question addressed by this thesis is: ‘what is justice?’ This question does not only apply to the judgment based on positive or written law. A renowned Dutch lawyer, Professor Paul Scholten (26th of August 1875 – 1th of May 1946) argues that religious existentialism in combination with a system of law appeals to the personal responsibility of a judge as well. This personal responsibility is existential or metaphysical and refers to the decision of Abraham at Mount Moría in the book by Søren Kierkegaards titled ‘Fear and Trembling’. Professor Scholten wrote several important works on religious existentialism and the personal responsibility of a judge; according to Professor Scholten, personal responsibility is in the core of how to speak justice. In this thesis, the thoughts of Professor Scholten constitute the connection between the scientific and philosophical approach of the law.Show less
