It might seem so obvious: If someone misbehaves, e.g. by damaging your property, you may start proceedings or seek any other remedy available. You may also want to mediate to find a solution. This, in a broad sense, is access to justice. Who is able to achieve justice? Listen to this 7th episode of Maastricht Law Talk to find out!
This month’s guest is Maurits Barendrecht. He is research director at HiiL and a Professor of Private Law at Tilburg University. After finishing his law degree at Leiden University he started working at De Brauw Blackstone Westbroek, one of the biggest law firms in the Netherlands. Some years later, he even became partner. But: This wasn’t his. After finishing his PhD he started teaching at Tilburg and joined HiiL later on. To fight for justice!
There are 7.35 billion people on this planet. We all have to live together and arrange our lives in a way that others can live theirs. But what if something goes wrong? Your friend borrows your phone and it happens: It falls to the ground. Who must compensate your damage?
In our sixth episode we dig deeper into the private law. Tort law jumps in where contract law can not help: When you suffer a wrong but the wrongdoer is someone you do not have any legal relationship with.
Gijs van Dijck is Full Professor of Private Law at Maastricht University and joined its faculty of Law in September 2016. His work evolves around empirical legal research in fields such as tort law and insolvency law. He was a visiting scholar at Standford Law School and KU Leuven. Next to his professorship Gijs is co-director of the Maastricht European Private Law Institute.
We have tried our best to not use too many technical terms. If you have trouble understanding certain concepts, you may consider listening to our “What is Law?” and “State-Caused Harm” episodes first.
Gijs and I discuss
where tort law originates from,
what differentiates it from contract and criminal law,
why receiving compensation for damages is an important aspect of society,
what grounds there are to be hold liable,
climate change and government responsibilities,
what counts as a tort in the first place,
why the United States seems to be the odd one out,
what the difference is between punitive and compensatory damages,
European lawyers tend to have a hard time with United States Law at first. Too different are “both” systems, it seems. But is the Anglo-American legal order really that different?
The fifth main episode of Maastricht Law Talk leaves the European continent for a while: It covers the United States legal system. From a federal judge being able to block the president’s executive orders to the harmonisation process of law.
Larry Catá Backer is Professor of Law and International Affairs at Penn State University. He is an expert on corporate, enterprise, and constitutional law and is currently working on his new book on an “Introduction to U.S. Law”. You can find his work and latest research on his website Backer in Law or on his blog Law at the End of the Day.
Hi, it’s Benedikt again and we are working hard to bring you a new full-feature episode soon. In the meantime however, Bram Akkermans has a fun fact for you: Why English and Scottish lawyers aren’t the best colleagues.
It’s holiday season! Whatever you celebrate, very often this includes giving presents. For most, gifting is as normal as buying tomatoes in the grocery store. The law however has quite a hard time dealing with it.
My guest for this special Christmas episode is William Bull, Lecturer at Maastricht University. William wrote his PhD on “Optional instruments of the European Union; A Definitional, Normative and Explanatory Study” and studied English and Italian law at the University College London. Currently he is teaching Comparative Contract Law and a Legal Research course.
There are 196 countries in the world, which equals at least 196 constitution-like instruments. But what is meant by “constitution”? Must it be written, or does custom suffice?
Episode 3 of Maastricht Law Talk is all about state organisation. Some countries have presidents, some a Prime Minister, and some even both. What is the difference between sovereignty based on the Crown or e.g. based on a nation itself?
Aalt Willem Heringa is Full Professor of (Comparative) Constitutional and Administrative Law at Maastricht University and the head of its public law department as well as the Montesquieu Institute. He has worked with the Harvard Law School and University of Edinburgh on several occasions. His PhD on “Sociale Grondrechten”, which would nowadays translate into economical constitutional rights, was defended in Leiden where he studied Dutch law. In 2013 he also published a book co-authored with Hetty Geursen “China in blogs en tekeningen” (China in blogs and drawings). As promised in the episode, you can find it here.
Aalt Willem and I talk about
monarchies in the European Union and what is left thereof,
why we need constitutions,
the concept of sovereignty,
democracies and autocracies,
the difference between a federation and a unitary state,
Punishing people for breaking the law seems self-evident to most. But why do we punish? Why is the state allowed to inflict harm on others?
This month’s episode of Maastricht Law Talk deals with the theories and philosophies behind criminal law. It features everything from the emergence of criminal law through tribal law, to the development of common modern ideas during the Enlightenment, and the current state of criminal law and criminal procedure as influenced by recent events creating new policing policies.
Jeroen ten Voorde is Associate Professor of Criminal Law and Criminal Procedure at Leiden University and Professor of Philosophy of Criminal Law at the University College Groningen. He is also a judge substitute at the North-Holland court and an advisor to the Dutch Ministry of Justice on honour-related crimes.
Here we are! Maastricht Law Talk’s first episode asks the question “What is Law”? Prof. Dr. Bram Akkermans, Associate Professor for European Private Law at Maastricht University, joins me to talk about the very basic foundations of law.
why we need legal rules,
the influence of morality,
who can be a legal subject,
which laws are applicable and who creates them,
why animals are property,
the difference between private and public law,
what differentiates English law from the dominant law on the continent,