The 1983 publication of Het Fundamenteel Rechtsbeginsel introduced a distinctive perspective on natural law that shifted the focus toward dialogue and argumentation ethics. Frank Van Dun, a Belgian philosopher born in Antwerp in 1947, built his academic career at Ghent University, eventually earning recognition from the classical-liberal think tank Libera! for his contributions to legal theory.
Foundations of Argumentation Ethics
Van Dun contends that a valid definition of law emerges solely through the mechanisms of dialogue. He differentiates between the rightful, or ius, and the legal, or lex. In his analysis, positive law systems frequently treat individuals as artificial entities or resources rather than as autonomous persons. For law to remain legitimate, he maintains that individuals must possess the right to secede from the institutional frameworks imposing such positive legal structures. This perspective suggests that no judge should hold authority over a person actively seeking a lawful resolution to a conflict.
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Within his theoretical framework, Van Dun offers a unique interpretation of the non-aggression principle based on praxeology. He characterizes property as a means of action, leading to a freedom-before-property stance that differs from the common freedom-as-property interpretation seen in other libertarian circles. This approach addresses complex scenarios such as land encirclement, copyright issues, and the limits of speech. For instance, he argues that the physical act of copying a signature may be secondary to the use of one's signature as an expression of their own body as a means of action.
Rights and Governance
Van Dun rejects the framework established by the Universal Declaration of Human Rights, equating it to the structure of animal rights. He argues that the declaration creates conflicting claims and subordinates rights to government legislation, effectively treating subjects as dependents. In contrast, he defines fundamental rights as the absolute, non-conflicting claims of an individual over their life, liberty, and property, provided these claims do not infringe upon the equivalent rights of others.
ARISE and Tobacco Lobby Involvement
In June 2012, reports surfaced regarding payments allegedly made to Van Dun and Marcel Javeau by the tobacco industry through an organization called Associates for Research in the Science of Enjoyment, or ARISE. While records in the Legacy Tobacco Documents Library classify him as an associate, Van Dun stated in Eos-magazine that he provided presentations regarding his philosophy to the group but denied receiving payment or holding membership.
Fast facts
- Born: 22 February 1947, Antwerp, Belgium
- Primary Affiliation: Ghent University
- Notable Work: Het Fundamenteel Rechtsbeginsel (1983)
- Award: Prize for Liberty (2013)
- Co-author: Hans Crombag
- Field: Natural law theory
Questions readers ask
What is the core of Van Dun's argumentation ethics?
He argues that a rational, convincing answer to the question of what constitutes law can only be derived through respect for dialogue and argumentation between individuals.
How does he view the Universal Declaration of Human Rights?
He views it as inherently flawed because it enumerates conflicting rights that are contingent upon government legislation, which he believes reduces individuals to a status comparable to property.
Achievements
- Held posts at Ghent University
