Getting Systematic on Legal Apology
English translation of: C.P. Reinders Folmer (2022). Systematisch kijken naar excuses in het recht. Recht der Werkelijkheid, 2022 (1), 88-93. doi: 10.5553/RdW/138064242022043001007
Amsterdam Law School Research Paper No. 2022-32
Center for Law & Behavior Research Paper No. 2022-04
10 Pages Posted: 23 Jun 2022 Last revised: 30 Sep 2022
Date Written: June 1, 2022
Abstract
The place that apologies (should) occupy in law continues to stir up emotions in the Dutch legal literature. Apologies are seen in this discussion either as an essential means of meeting victims' needs or as something that poses legal risks, and should not be legalized. Nevertheless, much is unclear about the role apologies actually play in Dutch legal practice. In her recent book, Lianne Wijntjens offers important insight into this question, within the realm of civil law and medical disciplinary law. In doing so, she answers important open questions for the legal scholarly discussion on this topic, and offers promising leads for legal practice. This book review highlights the merits of this important work, and unlocks its conclusions for an English-speaking audience.
Keywords: Apology, tort law, civil law, medical disciplinary law, relational needs, victims, reconciliation
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