THE EXISTENTIALIST FOUNDATIONS OF LAW

PDF version

This thesis is a multi-disciplinary research study that encompasses existentialism as a recent
branch of philosophy and law and adopts a theoretical framework from biological sciences.
It aims at the possibility of discovering, if any, the existential foundations of law. It is
further premised that as law and it co-variants have their core function as mechanisms
whereby justice may be realized and since law depends on immutable and eternal basis for
its promulgation and appropriation, there is a great need to examine and appraise the
possibility of establishing a logically enduring, humanly based and a uniquely responsive
foundation upon which to base it. The intellectual appeal of the general theme of
existentialism justifies the endeavor of examining the possibility of founding law on such
grounds. The symbiotic-utilitarian-autopoiesic theory has been adopted as the theoretical
framework of the thesis. This is a three-in-one theory which encompasses symbiosis and
autopoiesis theories from biological science and utilitarianism from philosophy. Symbiosis
is a form of coexistence between organisms whereby both mutually benefit from each other.
Autopoiesis describes the self-referential, self-replicating qualities of the typical biological
system. On the other hand, utilitarianism refers to the moral theory that there is one and only
one basic principle of utility that asserts that moral agents in all circumstances ought to
produce the greatest possible balance of value over disvalue for all persons affected. That is,
utilitarianism, gauges the worth of actions by their consequences. The thesis lastly concludes
by showing that indeed, it is logically possible to discover existential foundations of law
courtesy of the symbiotic-utilitarian and autopoiesic theory. The thesis shows the potential
held by applying and studying existentialism as a new paradigm shift to social structures and
systems.
 

AttachmentSize
PhD Philip Tunoi 2013.pdf1003.12 KB

Message from the Dean

Het spelen van leuke spelletjes online is geweldig. Met de komst van online blackjack is dit alleen maar beter geworden.

Prof. Peter Wasamba

 Read message from the Dean

Community Outreach

Media Center

facebook fan page

 

UoN Website | UoN Repository | ICTC Website


Copyright © 2017. ICT WebTeam, University of Nairobi