Hans-Martien ten Napel will be speaking on the topic of ‘Comparative Constitutional Law and Natural Law.’
The abstract of the paper reads as follows:
During the last decade or so the discipline of comparative constitutional law has experienced phenomenal growth. Handbooks in the field have become truly global in outlook.
With the globalization of comparative constitutional law, the question arises which standards should be applied to evaluate different legal arrangements? Alternatively, the field would alter into an empirical discipline that merely registers how such mechanisms differ around the globe.
In a not so distant past, it would still have made sense to use religion as a source of inspiration to evaluate different constitutional arrangements. Using faith is not an option anymore, however, as most political orders are rooted in religious cultures. Within the West, moreover, constitutionalism is increasingly separated from religion.
In the proposed paper, following the work of Santiago Legarre among others, I will suggest that the idea of natural law is a serious candidate to serve as a normative framework.
For more information on the program of the conference, which takes place from 5-8 March 2018, see: https://www.europeanacademyofreligion.org/program
‘The European Academy of Religion (EuARe) is a research initiative launched under the high patronage of the European Parliament which offers an exchange platform to academies and scientific societies; associations; research centers and institutions; university labs, clusters, and departments; journals, publishers, media and scholars coming from Europe and the surrounding regions.’