Ratio and Voluntas : The Tension Between Reason and Will in Law
by
Kaarlo Tuori
Book Details
Format
Paperback / Softback
Book Series
Applied Legal Philosophy
ISBN-10
1138249882
ISBN-13
9781138249882
Publisher
Taylor & Francis Ltd
Imprint
Routledge
Country of Manufacture
GB
Country of Publication
GB
Publication Date
Sep 9th, 2016
Print length
366 Pages
Weight
540 grams
Dimensions
15.80 x 23.20 x 2.80 cms
Product Classification:
Jurisprudence & general issuesJurisprudence & philosophy of lawLegal historySocial law
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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 in modern law, building on the views of distinctive features of the ideal-typical mature modern legal system that was previously presented in the author''s work, Critical Legal Positivism (Ashgate 2002).
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 (legal dogmatics), can and should contribute to the law''s coherence. Part III explores the role of constitutional law in managing the tension between law''s voluntas and ratio. The final chapter discusses the implications the growth of transnational law may have on the relationship between ratio and voluntas. The study builds on the views of the distinctive features of the ideal-typical mature modern legal system as presented in the author''s previous work, Critical Legal Positivism (Ashgate 2002).
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