Erasmus Law Review

An initiative of Erasmus School of Law

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  • INTRODUCTION: THE JUSTICIABILITY OF ESC RIGHTS AND THE INTERDEPENDENCE OF ALL FUNDAMENTAL RIGHTS
  • STANDARDS TO MAKE ESC RIGHTS JUSTICIABLE: A SUMMARY EXPLORATION
  • PROTECTING SOCIO-ECONOMIC RIGHTS THROUGH THE EUROPEAN CONVENTION ON HUMAN RIGHTS: TRENDS AND DEVELOPMENTS IN THE EUROPEAN COURT OF HUMAN RIGHTS
  • JUSTICIABILITY OF THE RIGHT TO EDUCATION
  • JUSTICIABILITY OF THE RIGHT TO HEALTH – ACCESS TO MEDICINES THE SOUTH AFRICAN AND INDIAN EXPERIENCE
  • LEGAL ENFORCEMENT OF SOCIAL RIGHTS: ENABLING CONDITIONS AND IMPACT ASSESSMENT
• Past Issues
  • Volume 01 Issue 01
    • INTRODUCTION
    • THE EUROPEAN PUBLIC ORDER, CONSTITUTIONAL PRINCIPLES AND FUNDAMENTAL RIGHTS
    • PUBLIC ORDER IN EUROPEAN LAW
    • THE HARMONISATION OF CONTRACT LAW IN EUROPE BY MEANS OF THE HORIZONTAL EFFECT OF FUNDAMENTAL RIGHTS?
    • HARMONISING EFFECTS OF FUNDAMENTAL RIGHTS IN EUROPEAN CONTRACT LAW
  • Volume 01 Issue 02
    • INTRODUCTION: COLLECTIVE INTERESTS , ‘PRÊT À PORTER’ JUSTICE?
    • THE PREVENTIVE FUNCTION OF COLLECTIVE ACTIONS FOR DAMAGES IN CONSUMER LAW
    • RECOGNITION AND RES JUDICATA OF US CLASS ACTION JUDGMENTS IN EUROPEAN LEGAL SYSTEMS
    • DUE PROCESS IN INTERNATIONAL MASS CLAIMS
  • Volume 01 Issue 03
    • INTRODUCTION: MULTI- AND INTERDISCIPLINARITY: MERE THEORY OR JUST PRACTICE?
    • ESTABLISHING RELATIONS BETWEEN LAW AND OTHER FORMS OF THOUGHT AND LANGUAGE
    • FACING THE INTERFACE: FORENSIC PSYCHIATRY AND THE LAW
    • A SUITABLE BOY: THE ABOLITION OF FEUDALISM IN INDIA
    • ECLECTICISM IN LAW AND ECONOMICS
  • Volume 01 Issue 04
    • INTRODUCTION: THE IMPACT OF GUIDO CALABRESI ON LAW AND ECONOMICS SCHOLARSHIP
    • GUIDO CALABRESI ON TORTS: ITALIAN COURTS AND THE CHEAPEST COST AVOIDER
    • THE DICHOTOMY BETWEEN PROPERTY RULES AND LIABILITY RULES: EXPERIENCES FROM GERMAN LAW
    • PROPERTY RULES, LIABILITY RULES AND PATENT MARKET FAILURE
    • CALABRESI AND BEHAVIOURAL TORT LAW AND ECONOMICS
    • Video: Prof. Guido Calabresi: Dies Natalis 8 november 2008
  • Volume 01 Issue 05
    • INTRODUCTION: STAYING OUT OF COURT
    • STAYING OUT OF COURT? RESERVATIONS ABOUT A SUPPOSED PRACTICE AND A POPULAR POLICY
    • ADMINISTRATIVE MEASURES IN CRIME CONTROL
    • REPUTATIONAL SANCTIONS IN PRIVATE AND PUBLIC REGULATION
    • EUROPEAN STRATEGIC INTELLIGENCE: HOW FAR INTEGRATION?
  • Volume 02 Issue 01
    • INTRODUCTION: OBSERVING THE RULE OF LAW IN THE EUROPEAN UNION-SELECTED ISSUES
    • THE EU RULE OF LAW: CUTTING PATHS THROUGH CONFUSION
    • MERGER CONTROL AND THE RULE OF LAW
    • CONCERN ABOUT THE QUALITY OF EU LEGISLATION: WHAT KIND OF PROBLEM, BY WHAT KIND OF STANDARDS
  • Volume 02 Issue 02
    • INTRODUCTION: THE MANY FACETS OF PRECAUTIONARY LOGIC
    • PREVENTION, PRECAUTION, LOGIC AND LAW
    • A PRECAUTIONARY- PRINCIPLED APPROACH TOWARDS UNCERTAIN RISKS: REVIEW AND DECISION-THEORETIC ELABORATION
    • THE MEANING OF THE PRECAUTIONARY PRINCIPLE FOR THE ASSESSMENT OF CRIMINAL MEASURES IN THE FIGHT AGAINST TERRORISM
    • PRECAUTIONARY CULTURE AND THE RISE OF POSSIBILISTIC RISK ASSESSMENT
    • NEITHER ACCEPTABLE NOR CERTAIN - COLD WAR ANTICS FOR 21ST CENTURY PRECAUTIONARY CULTURE
    • PRECAUTIONARY LOGIC AND A POLICY OF MODERATION
  • Volume 02 Issue 03
    • INTRODUCTION: THE POSSIBILITIES OF COMPARATIVE LAW METHODS FOR RESEARCH ON THE RULE OF LAW IN A GLOBAL CONTEXT
    • VERTICAL COMPARATIVE LAW METHODS: TOOLS FOR CONCEPTUALISING THE INTERNATIONAL RULE OF LAW
    • INSTITUTIONAL TRANSPLANTATION AND THE RULE OF LAW: HOW THIS INTERDISCIPLINARY METHOD CAN ENHANCE THE LEGITIMACY OF INTERNATIONAL ORGANISATIONS
    • RESEARCHING CIVIL REMEDIES FOR INTERNATIONAL CORRUPTION: THE CHOICE OF THE FUNCTIONAL COMPARATIVE METHOD
    • COMPARATIVE LAW METHOD IN THE JURISPRUDENCE OF THE EUROPEAN COURT OF HUMAN RIGHTS IN THE LIGHT OF THE RULE OF LAW
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• Volume 01 Issue 02
• INTRODUCTION: COLLECTIVE INTERESTS , ‘PRÊT À PO...

INTRODUCTION: COLLECTIVE INTERESTS , ‘PRÊT À PORTER’ JUSTICE?

Willem van Boom

Individuals expect to be treated as such. We all want to be considered unique persons with unique characters (and at moments of introspection we may also admit to having character flaws), leading unique lives with unique sets of values and goals. Our sense of justice is modelled accordingly, so we may expect the institutions of the law to treat us as individuals as well.

By comparing and distuingishing cases the person is thought to be treated fairly. In fact, the judicial process aims at categorizing the case fairly.

> read the entire introduction