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The X Workshop of the project "Analysis of speech" focuses on the concepts of "rule of law" and "rule of law".

Aitor Rodríguez, PhD student of Philosophy del Derecho, analyzed the uses of this term, which makes reference letter that the freedom of citizens is subject to the laws, not to the will of the rulers.

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Aitor Rodríguez (in the center) together with researchers Inés Olza (project 'Análisis del speech') and David Thunder (project 'Religion and Civil Society'). PHOTO: Carlota Cortés
19/02/14 17:38 Carlota Cortés

The X Workshop of the project 'Analysis of the speech' of the Institute for Culture and Society (ICS) of the University of Navarra focused on 'The current reality of the concept of Rule of Law and the generalization of the rule of law concept'. Aitor Rodríguez, PhD student of department of Philosophy of Law of the University of Navarra, made a exhibition on the use of the term, which makes reference letter that the freedom of citizens is subject to the law, not to the will of the rulers. His director of thesis , Professor Caridad Velarde, also intervened.

According to researcher, the expression rule of law was born in 1885 by Albert Venn Dicey, a British jurist and constitutional law theorist. "Since then, it has spread to many fields and disciplines: the political Philosophy , the Economics, the development...", he stressed.

He mentioned several examples of public speeches in which it has been used, from those of the head of the International Monetary Fund, Christine Lagarde, to those of UN Secretary Ban Ki-moon, to a ruling of the Universal Court of Human Rights or a rally by the President of the People's Republic of China, Xi Jinping.

A new proposal: identifying five contexts

The researcher of Philosophy del Derecho pointed out that the interpretations in the scientific literature of Philosophy political and legal are classified in two: a historical vision and an analysis of the content. Rodriguez pointed out that both perspectives are not sufficient to understand the concept in depth because "they do not allow us to judge its rationality, insofar as they do not establish a context of use".

In this regard, he presented a new proposal consisting of the identification of five contexts: the framework constitutional of the United Kingdom, the framework of philosophical-legal reflection, international law, the Economics and the world of the development, and the Public discourse. With respect to the latter, he indicated that it shares elements with the previous ones.

In each context," he said, "there is a common framework in which this new use of the rule of law is born and precisely because of this there is a criterion and a purpose, which sheds light on the understanding of what concept is being used".