Ongoing Working Papers

Legal categories and ontology.

This paper will attempt to critically  discuss  two (personae and res) of the three basic legal categories of Roman law: personae, res, actiones, in light of modern scientific developments  and classical ontological conceptualizations of nature. It will not intend to provide answers but only to frame the debate in its historical and philosophical dimensions and attempt to draw what would be relevant conclusions for legal theory.

The 'inefficacy' of human rights universalism and the relativism of cultural norms

This paper will discuss in which sense human rights theory has been considered universal and in which way legal and  cultural norms differ and are relative to determined cultures.  Usually  this questioning goes into the wider debate of legal pluralism and of general versus particular jurisprudence.  But in the specific what this paper will interrogate is whether the 'inefficacy' of human rights has to be attributed to the presuppositions pertaining to the theory of human rights and the western tradition of law from where it comes from or if other elements  sometimes more simple such as incorrect enforcement  or other more substantial elements from a cultural point of view play a major role.  And if so why and in which way.