ORCID Profile
0000-0002-4832-1167
Current Organisation
Instituto Tecnologico Autonomo de México
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Publisher: Cambridge University Press
Date: 20-05-2021
Publisher: Cambridge University Press (CUP)
Date: 09-2015
DOI: 10.1017/S2071832200019891
Abstract: Is legal theory relevant to legal practice? Should legal theory be part of the academic legal curriculum? This article outlines three propositions in relation to these longstanding contentious questions. First, it argues that existing literature has pursued an inadequate argumentative strategy by (1) assuming that there is a single yes or no answer to the questions surrounding the relevance of legal theory and (2) treating legal theory and legal practice as discrete, unrelated entities. This article distinguishes between different styles of doing legal theory and legal practice, and argues that the role of legal theory needs to factor in changes in the substance of law, legal reasoning, and legal careers. Second, focusing on European civil law countries, this article concludes that most legal theory is irrelevant for conventional legal practice. Concomitantly, it suggests that the constitutionalization, transnationalization, and Europeanization of legal systems are changing the practice of law in a way that is more congenial to theory than hitherto. It also contends that legal roles embodying a legislative standpoint within law are creating a demand for increased theoretical sophistication. Third, this article suggests what a course in legal theory, sketched along the lines of the analysis carried out, might look like.
Publisher: Cambridge University Press
Date: 20-05-2021
Publisher: Springer International Publishing
Date: 2018
Publisher: Springer Science and Business Media LLC
Date: 21-09-2022
Publisher: Springer Netherlands
Date: 2017
Publisher: Springer Science and Business Media LLC
Date: 22-01-2023
Publisher: Cambridge University Press
Date: 06-05-2021
Abstract: This book offers an innovative interdisciplinary approach that elucidates the importance of virtue ethics to help better understand the role of leadership in international organisations. The authors use a combination of theoretical and conceptual narratives as well as case studies to highlight both the advantages and weaknesses that the angle of virtue ethics offers. A particularly important step in times of uncertainty or crisis when the demand for leadership becomes more urgent yet more daunting. In this sense, this volume oscillates between critique and hope, since it provides a plausible, rather than a purely abstract, approach to the conceptualization and concretization of ethical leadership.
Publisher: Springer International Publishing
Date: 2018
Publisher: Cambridge University Press (CUP)
Date: 26-07-2016
DOI: 10.1017/CJLJ.2016.21
Abstract: Is it feasible and useful to articulate a general theory of transnational legality? In the book Transnational Legality: Stateless Law and International Arbitration , Thomas Schultz replies yes and argues, furthermore, that we need such a theory. In this Critical Notice I suggest otherwise. The overarching theme of my critique is a plea for thinking seriously on why we still insist on building general theories of legality. As I try to show, by engagement with Schultz’s main claims, those general theories face unsurmountable conceptual and normative problems. Here are some questions. Which theory of society do we endorse? Are transnational society and law different in nature from their domestic and regional counterparts? Why should we adopt a concept of complex legal system rather than focusing on the looser “community”? Should a concept of transnational legality be as inclusive as possible or narrowly-tailored? In virtue of which normative principles are we to make such a decision? How can we decide which elements from our state tradition are we to preserve and which ones are we to let go? Why devising a concept of legal system that does not see the connections to other legal and normative orders? How do Fuller’s legality criteria meet the expectations we attach to law? And whose expectations are we speaking of? Why undergoing all these headaches to conclude that after all legality is a matter of clarity and we are not provided any tools on how to proceed empirically? All things considered why is this sort of enterprise worth it?
Publisher: Elsevier BV
Date: 09-2012
Publisher: Oxford University Press (OUP)
Date: 18-09-2015
DOI: 10.1093/CJCL/CXV013
Publisher: Brill
Date: 05-2018
Publisher: Informa UK Limited
Date: 11-06-2020
Publisher: Cambridge University Press (CUP)
Date: 28-12-2021
DOI: 10.1017/S1752971920000561
Abstract: Kratochwil criticizes two important teleological global narratives of universal progress – Luhmannian systems theory and jus cogens – and defends the need for a non-ideal and situated approach to law and politics. Despite the cogency of Kratochwil's analysis, why should we place our hope in his pragmatic program given the complexity of actual decision-making? This paper shows that more needs to be said about the role of hope grounding Kratochwil's account. Which hopes are hopeless, and which warranted? Why should we care and ‘go on’, choosing to be prudential and political rather than focusing on one's inner development or pleasure?
Location: Finland
Start Date: 2011
End Date: 2012
Funder: The Collaborative Innovation Centre For Silk Road Economic Belt Studies (CIC-SREBS) -Xi’an Jiaotong University
View Funded ActivityStart Date: 2014
End Date: 2016
Funder: Xi’an Jiaotong University
View Funded ActivityStart Date: 2016
End Date: 2016
Funder: China Postdoctoral Science Foundation
View Funded ActivityStart Date: 2021
End Date: 2012
Funder: Sistema Nacional de Investigadores
View Funded Activity