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In assessing compliance with the Rule of Law, the contested nature of the concept renders the use of a single theorist’s conception or, alternatively, the adoption of a hybrid conception open to criticism. There is no settled and practical way to determine Rule of Law non-compliance. It is argued that by looking behind the concept’s contestedness, Rule of Law non-compliance can be identified. The fundamental needs undergirding canonical conceptions are used to identify common elements of the Rule of Law. By (...) |
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This article argues that to disrupt legal education in a radical sense, students need to become acquainted with the art of worldmaking and the view that law is a “way of worldmaking”. First, I show that law is a cultural semiotic practice that requires decoding and, for that reason, demands a creative intervention by those that want to know, understand, and do things with law. Altogether this amounts to recognizing the different modes in which law creates, and is part of, (...) |
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This article advances the claim that the Òrìṣà tradition is best conceived of as a legal tradition. Notwithstanding the fact that scholars have written extensively about the tradition from the perspectives of religion, philosophy, the arts, and many other domains of inquiry, I maintain that the extant scholarship has underrated the significance of tradition, and has almost completely overlooked the fact that the primary function of Òrìṣà is the improvement of social interaction through the governance and regulation of conduct—which makes (...) |
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The thesis examines the theoretical relationship between law and ethics. Its methodology is informed by both the existentialist tradition of ethical phenomenology and the natural law tradition in legal theory. The main claim of the thesis is that a phenomenological analysis of ethical experience, as suggested by the writings of existentialist authors such as Jean-Paul Sartre and Emmanuel Levinas, provides important support for the natural law tradition. This claim is developed and defended through detailed engagement with the natural law theory (...) |
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The author analyzes the relations between truth and law starting from the distinction between practical and theoretical spheres. He shows, first, how moral and legal statements and reasoning are connected with an operation of weighing and balancing different values and principles and how this operation is ultimately based on personal and intuitive preferences and feeling. The criteria developed by the theoretical sciences to define truth (coherence, consensus and pragmatic success) can only be translated into practical statements as criteria of correctness (...) |
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The author begins by sketching the characteristics or elements of every tradition. Some reasons are then suggested for the propensity of so many authors to contrast statutes with other, allegedly more traditional kinds of law. However, it is argued that statutes are deeply embedded, along with customary and judge‐made law, in the highly traditional practices of law and that this matters much more than is commonly suspected. The thesis being defended here is not merely that law includes traditions along with (...) |
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