NDLI: Roman Law and Global Constitutionalism

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Roman Law and Global Constitutionalism

Content Provider	Scilit
Author	Domingo, Rafael
Copyright Year	2019
Description	Journal: SSRN Electronic Journal The parallel between contemporary issues and Roman history often fascinates and illuminates. In this article, I argue that Roman law, which was one of several sources of inspiration for the American founders, can serve today as an inspiration toward global constitutionalism. Looking to Roman law helps reduce certain prejudices derived from the current privileging of the sovereign state and the positivist paradigm as the only genuine and possible models for international law. These prejudices constitute an actual hindrance to the right development of global constitutionalism. Global constitutionalism inherently moves beyond sovereignty, nationalism, and positivism. Roman law, which preceded notions of sovereignty, nationalism, and positivism, enables constitutionalists to eliminate from global constitutionalism any nonfoundational elements derived from a highly statist paradigm. Roman law also constitutes a good antidote to any kind of extreme global constitutionalism that seeks to extend the language and modes of national constitutionalism without sufficiently filtering and refining them.
Related Links	https://digital.sandiego.edu/cgi/viewcontent.cgi?article=1294&context=ilj https://papers.ssrn.com/sol3/Delivery.cfm?abstractid=3344738
ISSN	10914358
e-ISSN	15565068
DOI	10.2139/ssrn.3344738
Journal	SSRN Electronic Journal
Language	English
Publisher	Elsevier BV
Publisher Date	2019-02-28
Access Restriction	Open
Subject Keyword	Journal: SSRN Electronic Journal Cultural Studies Political Science Roman Law International Law Global Constitutionalism Nation State Legal History
Content Type	Text
Resource Type	Article
Subject	Public Health, Environmental and Occupational Health Psychiatry and Mental Health

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