Kaarlo Tuori - Research#

In jurisprudence, my main work is Critical Legal Positivism (Ashgate 2002), where I try to develop a view of modern law, based on two distinctions: a distinction between law as a symbolic-normative phenomenon (a legal order) and law as legal practices, and a distinction within the legal order between its surface level and its sub-surface, legal cultural layers. In addition to legal theory, I am specialised in public law, being a former professor in administrative law and an expert of the Constitutional Law Committee of Parliament.

At present, I am preparing an English version of a monograph called Ratio and Voluntas in Law which has already appeared in Finnish in 2007. For the English version I have detached my discussions from their Finnish contexts, although Finnish material is still used in illustrating the issues and, in some connections, in suggesting normative solutions with a wider pertinence. The monograph is based on the view of modern law articulated in my Critical Legal Positivism. I examine the various guises the tension between ratio and voluntas has adopted in the course of legal modernisation and in the development of modern law. I also explore the role of legal scholarship in accomplishing the tasks of ratio as well as the way the ratio’s tension with voluntas is manifested in constitutional law. After completing the monograph, I shall turn to the topic of the many constitutions of Europe. It will be the theme of the annual conference of the Centre of Excellence, and it will also be the main focus of my research during my stay as a Braudel fellow at the Florence European University Institute in the autumn of 2009. The idea is to elaborate on the notion of different dimensions of constitution – such as the juridical, political, economic and social – and to examine their interaction within the European setting.

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