Goals & Implementation

The Digital Paul Scholten project considers Scholten’s Algemeen Deel to be one of the most important parts of Dutch cultural and legal heritage, which must be preserved for legal philosophy into the future. Preservation of legal heritage involves research from the perspective of comparative legal philosophy. The comparison requires a much wider focus than on the legal theory of different countries, but must be expanded to a comparison in time and place of the different philosophical perspectives that play a role in sociology, history, anthropology, theology and political science. The DPSP website aims to provide a digital research environment to facilitate such comparative research.

Goals of the Digital Paul Scholten Project

  1. Make Scholten’s philosophical and related legal work available in open access on a website;
  2. Translate this work into English and publish it in open access;
  3. Organize symposia to critically discuss the English translations in the international context of legal philosophy;
  4. Publish the English contributions to the Symposia in open access;
  5. Share the technical design of the website.

Implementation in 2020

The 70th anniversary of Paul Scholten’s death was marked in 2016. From this moment on, all of his works belong to the public domain. His family’s generosity made it possible to place the original philosophical works of Paul Scholten online in open access in 2013 on the website of the Digital Paul Scholten Project. The texts were presented as photocopy texts and were also scanned and saved as Word file copies. These texts can be searched, downloaded and printed in all formats.
In the period after 2013 much work still had to be done to correct the texts and to determine how the texts should be presented. The results are now available.

Goal 1: available in open access on a website

- Numbered text blocks. The Word files of Algemeen Deel are divided into numbered text blocks. This makes referencing possible without the use of page numbers, which differ in different editions and are not usable on web pages. In the near future various Collected Papers (Verzamelde Geschriften, VG) will also be divided into text blocks as a first step in the adaptation needed for translation.
- Algemeen Deel in Drie Edities. A web edition of Algemeen Deel with block numbers is presented on the Dutch language version of the website, in which the revisions and page numbers of the three different editions are included in three different colors. The old registers are included in this web edition as well, but left out of other editions as they are out of date. The original page numbers will also be kept findable for adaptations of Collected Papers.
- New and Old spelling and Adaptation. The works of Paul Scholten were written in old spelling, which also involves an antiquated grammar. The Algemeen Deel in Drie Edities will be presented on the website side by side with various versions of the text in new spelling and/or adapted. This makes comparison possible. Collected Papers will be adapted article by article and each article will also be presented side by side in original and new/adapted version.

Goal 2: English language translation and publication

Translation into English

- Native speaker. The adapted and annotated translation of Chapter 1 of Algemeen Deel was finalized in 2020. New translations of Collected Papers are planned. All translations of the texts of Paul Scholten will receive a language edit by a professional native speaker before being posted on the website.
- New Title. People often speak of Algemeen Deel when they intend to speak of its first chapter. The title of this first chapter is De Methode van het Privaatrecht. The editorial board of the project has decided to give a new title to the independent publication of the adapted first chapter: General Method of Private Law (In short General Method, GM).
- Adaptations. All translated Scholten texts will also be adapted. Not only the English language translation, but also a re-edit will be made of the original in Dutch,. The adaptations should aid in readability, not only for foreigners, but also for young Dutch readers. On the website, all adaptations can be compared with the original.
- Side by side translations. All translations of the works of Paul Scholten will be presented block by block on the website, side by side with the other existing translations.
- Standardization of translations. In all DPSP editions the translations as published on the website will be used as standard. If an author does not agree with a certain translation, he/she will be asked to use in text the standard, and to make a footnote in which the criticism is made explicit and a better translation is proposed.

Publishing

The English language annotated and adapted translation of the first chapter of Algemeen Deel can be found on the website side by side with the other existing translations. These are not publications, but web editions or web versions, which are printable, searchable and downloadable. The adapted re-editions of the single text in Dutch and the new edition of the English language translation are published in the first volume (2020) of the open access E-journal, DPSP Annual. The new English language translation is also a chapter of a printed book Aristotelian Protestantism in Legal Philosophy, Rethinking Paul Scholten for the 21th Century,  DPSP Special Issue no 1, together with a selection of the contributions to the first three symposia; an Introduction and a Biographical sketch. Concerning DPSP publishing, a few choices have been made:
- References to translations. No international standard exists for references to translations. The Chicago Manual of Style, for example, provides two possibilities: one can take either the name of the translator as the author’s name, or the name of the original author. DPSP (re)publications of translations will provide a title from which it is clear that the publication concerns a translation, and include the name of the original author in the title. Then the translator(s)+original author are author.
- Citation Data. A distinction should be made between web versions, E-publications, and printed books. Web versions of existing publications retain their original citation data. A reference to pages should be accompanied by adding the URL of DPSP +blocknumbers. New translations, the adapted new editions of the original and existing translations have the new citation data of the E-journal DPSP Annual. DPSP Special Issues are printed books which contain a selection of the publications in DPSP Annual and new material, such as an editorial.

Goal 3: Organize Symposia

Making an English language translation only makes sense when it can be successfully argued that Scholten contributes in an important and unique way to the international discourse in legal philosophy. Symposia serve the purpose of establishing a platform for such a discourse. For each symposium a theme will be selected which is directly connected to main issues in Scholten’s work. The most relevant texts from Collected Papers to elaborate the theme will be translated into English. For each theme, one or more guest editors will be sought with whom it will be decided which speakers to invite. The themes of the symposia will be elaborated into one or more research questions. Contributions to the symposia will be submitted as draft articles on a given research question. New contributions on the research questions can still be submitted for publication on the website after completion of a symposium. The symposia will be held in the English language. Three symposia were held prior to 2020. Two new symposia are now being planned, to be held in 2021 and 2022.

Paul Scholten Symposium I on November 15, 2013.

Title/Theme: Paul Scholten from the Perspective of Comparative Legal Theory
Research Questions: Intuition and Open System of Law
Venue: University Library of the University of Amsterdam
Organized by André Hoekema, Niels van Manen and Liesbeth Huppes-Cluysenaer.
Invitation of speakers from abroad financed by Marcel Henri Bregstein Stichting.
Day Chair: André Hoekema
Speakers:
Opening by Edgar du Perron, Dean of the Faculty of Law
Kees Cappon, Chair of the Department of General Jurisprudence; Jean-Louis Hapérin, Professor of Legal History at École Normale Supérieure in Paris; Burkhard Schafer, Professor Computational Legal Theory at University of Edingburgh; Laurens Winkel, Professor Legal History at Erasmus University in Rotterdam and chair of the editorial board of DPSP; Niels van Manen, member of the Court of Appeal in Amsterdam and member of the editorial board of DPSP; Liesbeth Huppes-Cluysenaer, webmaster of the DPSP website; Jelmer van der Ploeg, programmer of the website.
Jaakko Husa, Professor of Legal Culture and Legal Linguistics at the University of Helsinki was forced to cancel due to an airline strike.
Result:
The keynote speeches of Halpérin, Husa and van Manen were submitted as contributions to the research questions Open System of Law (Halpérin and Husa) and Intuition (van Manen). They are published in DPSP Annual, Volume I, 2020.
The editorial board met on the morning of November 16, which was also attended by Halpérin and Schafer. Lengthy discussion addressed the question of how to deal with the registers in Algemeen Deel, next to many other issues which are associated with e-publishing. Read more on this in evaluation.

Paul Scholten Symposium II on November 21, 2014.

Title/Theme: Paul Scholten on Law and Emotion
Research Question: Law and Emotion
Venue: Faculty Room in the Oude Manhuispoort.
Organized by Liesbeth Huppes-Cluysenaer.
Invitation of speakers from abroad financed by the Faculty of Law
Day Chair: Niels van Manen
Speakers: Marco Gardini, Professor of Roman Law at the University of Parma; Terry Maroney, Professor of Law and Professor of Medicine, Health and Society at Vanderbilt University; Christof Rapp, Professor Munich School of Ancient Philosophy of the Ludwig-Maximilians-Universität München; René Brouwer, lecturer in Law, Economics, Governance and Organization at the University of Utrecht, who published about Stoicism, Cambridge University Press; Nuno Coelho, Professor of Legal Philosophy at University of São Paulo and Ribeirão Preto; Luciano de Camargo Penteado, lecturer and researcher civil law at the University of São Paulo.
Result:
All keynote speeches, except one, were submitted as contributions to the research question Law and Emotion. René Brouwers was forced to withdraw because his institution was unwilling to accept publication on the DPSP website as an academic publication. The submitted contributions are now published in the first volume of DPSP Annual, 2020. The contribution of Luciano Penteado was not peer reviewed due to his sudden death after a short illness in 2015.

The Second Paul Scholten Symposium was combined with a workshop on November 20 with the subject Aristotle: Law, Reason and Emotion, organized with the help of Nuno Coelho. The workshop participants (9) came on their own. Not all speakers at the Symposium participated in the workshop, but Nuno, Terry and Luciano did. The workshop resulted four years later in a volume with Springer. The contributions by Maroney and Rapp were included as reprints.

Paul Scholten Symposium III on November 27, 2015.

Title/Theme: New Perspectives on Law and Reality
Venue: University Library of the University of Amsterdam.
Organized by Adriaan Bedner, Marjanne Termorshuizen-Arts and Liesbeth Huppes-Cluysenaer.
Invitation of speakers from abroad was financed by the Dutch Royal Academy and the Marcel Henri Bregstein Stichting.
Day Chair: Derk Venema, teacher German and Philosophy, former lecturer and researcher of legal philosophy at Radboud University in Nijmegen and former treasurer of the Dutch Association for Philosophy of Law.
Speakers: Pablo Rueda, lecturer and researcher at University of Los Andes, Bogotá, Colombia; Ramiro Molina Rivero, former lecturer and researcher at Catholic University of La Paz, Bolivia; Marjanne Termorshuizen-Arts, artist and former researcher at Van Vollenhove Institute for Law, Governance & Society, Leiden Law School; Robert Knegt, former associate professor and director of Sinzheimer Institute in Amsterdam; Shidarta, lecturer and researcher at Binus University in Jakarta, Indonesia ; Upik Djalins, independent scholar with a dissertation at Cornell University, Ithaca, New York, United States; Adriaan Bedner, professor and director of the Van Vollenhove Institute in Leiden.
Result: Three speakers (Pablo Rueda, Ramiro Molina Rivero and Adriaan Bedner) did not submit their keynote speech to the research question New Perspectives on Law and Reality. The other speakers did submit their contributions, which are now published in the first volume of DPSP Annual, 2020.
The Third Paul Scholten Symposium was again combined with a workshop, this time on the same subject. The participants (5) of the workshop came on their own. The keynote speakers all took part in the workshop. All participants submitted a contribution on the research question for publication on the website. Four of them did not yet hand in a revised version. The article of Tristam Moeliono has been finalized and was published in the first volume of DPSP Annual, 2020.

Goal 4: Publish contributions to the Symposia

The contributions which were submitted to the research questions of the three DPSP Symposia have been published in the first volume of DPSP Annual, 2020. These contributions were extensively edited by the editor of DPSP Annual – at this moment the webmaster of the DPSP website – in consultation with the organizers of the symposia. Two contributions have already been submitted and a third one announced for the newly planned Fourth Paul Scholten Symposium. These are posted online as in progress and therefore non-citable. Editing for DPSP Annual concerns the following:
- References to Scholten’s works. Unless authors who have been specifically invited for their particular expertise (like Rapp and Maroney in volume 2020), all authors should refer extensively to Scholten’s works. The editor will confront the author with passages from the work of Scholten which are at first sight contrary to what the author writes, and will ask the author to explicitly take a position in his/her argument concerning the possible difference.
- English language. All articles must be written in comprehensible English, and as far as possible, extra costs for language-editing are avoided. The danger lurks that with a very different language background small mistakes can lead to incomprehensibility. This sometimes asks a lot from editor and author and can lead to several stages of revision. In some cases the author may be asked to first find additional help for the English translation of the article.
- Institutions and mother tongue. The use of foreign examples of legislation, judicial decisions and institutions can require a great deal of explanation. As with using quotations in a mother tongue, please use English in the main text and provide explanations and the mother tongue in footnotes. These explanations and translations, glossaries, lists with legislation, etc, will be included in the bibliography of the article.
- Quotations and translation. Just as there is no international standard for the publication of translations, there is also no international standard for the use of translated quotations. DPSP has adopted the policy of forbidding run-in quotations when it concerns translated text. This type of quoting suggests that quoted words are of the original author, while in fact the words quoted are those of the translator. Only block quotes will be accepted. To keep the reader aware of the fact that a block quote contains a quotation of a translated text, the block note must be accompanied by the initials of the translator.
- Preprints and Open Peer Review. When an English contribution is submitted to a research question, the webmaster will after a quick review put it online as an unedited article in progress, which may not be cited. As soon as the editing process is finalized, the article will be published as a preprint and sent to two reviewers, one of the author’s choice, the other by choice of the editor. Open peer review is a new phenomenon and it has taken some time to find out how to use it effectively. Open peer review can only work well when the editing has been done well. Its function is then the same as the reviews of books. The reviewer is therefore asked to openly review the work of the author, but to review the work of the editor on a closed basis. This means that comments on layout, use of language or the judgement that an article is not publishable do NOT belong in an open peer review, but are very welcome information for the editor. The editor will use such information in interaction with the author to arrive at a revision. The open peer review should concern the relevance of the article’s content and its persuasiveness. Since the author has the possibility to revise the article, indications about how the article could be improved are also welcome.

It has taken time to develop policy for open peer review. Some open peer reviews, done in the past, have therefore been slightly adapted by new policy before being published in DPSP Annual.

Goal 5: Share Technical Design

See technical design

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