Title: Beyond Legal Positivism in Transnational Law
Abstract: The ongoing migration of legal ideas shows that there are some principles of justice and morality that are considered important and compelling and that are served better through the inclusion into positive law of legal tools that have been elaborated in other parts of the world in order to promote these principles. Just as legal positivism is not an adequate theory to capture the operation of law within the state as it is traditionally understood, we need to think beyond legal positivism imperatively in the area of transnational law where law is created thanks to the collaboration of transnational and national institutions. Transnational institutions like the European Union run the risk to degenerate in managerial administrative regimes disoriented from principles of justice and morality. Jurists have a compelling responsibility to permeate the system with principles of justice from a global perspective. They are responsible for creating a new collective consciousness at the global level on the need to respect principles of justice. Legal interpretation cuts across all these fields in the area of international law and is very important in substantiating these moral principles.
Publication Year: 2019
Publication Date: 2019-01-01
Language: en
Type: book-chapter
Indexed In: ['crossref']
Access and Citation
Cited By Count: 1
AI Researcher Chatbot
Get quick answers to your questions about the article from our AI researcher chatbot