Title: Waldron’s Concept of Rule of Law and Legal Theory

Presented by: Luis Sanchez Fernandez

Advisors: Dr Robert Mullins and Professor James Allan

When: 1-2pm, Wednesday 27 January 2021

Where: Boardroom (W353), Level 3, Forgan Smith building (1)

Abstract: 

The purpose of this research is to find out to what extent Professor Jeremy Waldron's theory contains an innovative approach that updates the theory of the rule of law. Waldron considers that the rule of law is an essentially contested concept. His theory reenvisages the concept of rule of law, connecting it to a re-valuing of Fuller’s concerns with the “internal morality of law”, in contrast to what he calls “casual positivism”. He also discusses aspects of legal argumentation, and values such as dignity and equality, that he considers relevant to the theory of the rule of law.

The research explores the hypothesis that Waldron's theory of rule of law is distinctive because it rejects a fragmented approach and proposes a more comprehensive concept that connects rule of law with the concept of law, with legal reasoning and with some values that relate to the so-called morality of law. Accordingly, the research’s central aim is to appraise the originalities of Waldron’s thinking and his contribution to a more consensual theory of rule of law.