1st Edition
Ratio and Voluntas The Tension Between Reason and Will in Law
By Kaarlo Tuori
Copyright 2010
366 Pages
by
Routledge
366 Pages
by
Routledge
366 Pages
by
Routledge
Also available as eBook on:
From the ancient beginnings of Western legal tradition, law has been conceived as traversed by a fundamental tension between power (will) and reason. This volume examines the tension between these two poles, 'ratio and voluntas' in modern law. Part I focuses on three instructive phases in the history of the law's ratio. Part II examines the way legal scholarship, especially doctrinal research... Read more
Chapter 1 Two Challengers of Normative Legal Scholarship; Part I The Historical and Cultural Dependence of the Law’s Ratio; Chapter 2 The Traditions of Law; Chapter 3 The Heritage of the Historical School: German Nineteenth-Century Legal Scholarship; Chapter 4 The Critique of Conceptualism: Legal Realism and Analytic Jurisprudence; Part II Legal Scholarship and the Coherence of Law; Chapter 5 The Law’s System: From Total to Local Coherence; Chapter 6 Concepts, Principles and Theories; Part III Ratio and Voluntas in Constitutional Law; Chapter 7 The Rule of Law and the Rechtsstaat; Chapter 8 Gouvernement des Juges ?; epilogue epilogue; Chapter 9 The Law’s Farewell to the Nation State?;
Biography
Kaarlo Tuori is Professor of Jurisprudence, Director of the Centre of Excellence in the Foundations of European Law and Polity, Helsinki University. He has published widely on aspects of Legal Philosophy.
'This is a profound book, with a serious, characteristically continental theoretical concern with "legal dogmatics" and an overarching emphasis on the hermeneutics of the law, on its rootedness in tradition as underlying both its symbolic function and value. It navigates through considerable complexity with theoretical acuity and imagination, in the best tradition of academic scientific discipline.' Emilios Christodoulidis, University of Glasgow, UK
