Inspiring Governance through Law: Rod Macdonald's Jurisprudence of Hope
10 Pages Posted: 22 Nov 2014 Last revised: 23 Nov 2014
Date Written: October 7, 2014
My aim in this paper is to highlight and expand upon what I see as a central theme in Roderick Macdonald’s scholarship. I call this the imperative of “inspiring governance”. I begin by discussing how Macdonald frames the governance endeavour. Next I highlight the distinctive, human agency-focused manner in which Macdonald conceives “governance through law”. Next, I discuss the paradoxical relationship between “governance through law” and the “exercise of human agency” that Macdonald’s work exposes. I argue that Macdonald’s endeavour to foreground the problem of facilitating human agency in his legal research reveals a “jurisprudence of hope”, whereby pursuing one’s life in the law may be understood as a way of striving for justice in the world.
Keywords: Roderick Macdonald, governance, critical legal pluralism
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