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Full-Text Articles in Jurisprudence
The Rule Of Law In Global Governance: Its Normative Construction, Function And Import, Gianluigi Palombella
The Rule Of Law In Global Governance: Its Normative Construction, Function And Import, Gianluigi Palombella
Gianluigi Palombella
What does the Rule of law contribute in the frame of global governance? While addressing metamorphoses of law and the multiple legalities in the global context, this paper shows that the rule of law can consistently be extended externally being cherished internally. It takes seriously the concurrence of different legalities in their diverse ‘formats’, and the challenge of the “global administrative law” theoretical and empirical model. At the meta-level of the relations among legalities, the Rule of law has an essential role to play: it affects interactions and interdependence,and can cause content-dependent assessments to develop, without supporting self-closure or monistic …
Law Is Not (Best Considered) An Essentially Contested Concept, Kenneth M. Ehrenberg
Law Is Not (Best Considered) An Essentially Contested Concept, Kenneth M. Ehrenberg
Kenneth M Ehrenberg
I argue that law is not best considered an essentially contested concept. After first explaining the notion of essential contestability and disaggregating the concept of law into several related concepts, I show that the most basic and general concept of law does not fit within the criteria generally offered for essential contestation. I then buttress this claim with the additional explanation that essential contestation is itself a framework for understanding complex concepts and therefore should only be applied when it is useful to gain a greater understanding of uses of the concept to which it is applied (adducing criteria for …