Monday, November 13, 2023
12:50 PM to 2:00 PM
Room 140, Law Building

Registration is required: https://shorturl.at/diqBL

Law’s Promise of Inclusion

The common debate surrounding legal positivism centers around the question of whether justice can impose constraints on law. Sebastian Kuerth challenges the meaningfulness of this debate by asserting that law inherently promises justice. He advocates recognizing a basic principle, to be termed “inclusion,” which requires laws to be continually constituted in discovery procedures. He defines this principle, first, as aiming at a state of greatest equal liberty in an indeterminate future, and second—to approach this state—as seeking to prevent assimilation and exclusion by limiting exceptions to liberty and equality. The principle is crucial for understanding what is simultaneously the object and the source of law: the intricate social realm composed of autonomous equals. Most importantly, the principle preserves the scientific rigor required of jurisprudence by promoting genuinely transnational legal thinking and preventing law from destructively impinging on its source and descending into authority devoid of legal purpose.

Food and Drinks will be served. (RSVP by 11/8/23 at noon)