Abstract

This paper shall focus on the evolving features of autonomy and normativity in Western societies. The autonomy of Law as a product of deliberate will, regardless of other metaphysical or scientific considerations, is perpetually questioned in modern discussions of legality.

Highlights

  • By Martin Bernier |Preamble| | This paper shall focus on the evolving features of autonomy and normativity in Western societies

  • It is necessary to interrogate the relationship between law and autonomy in the Western tradition

  • One must begin by considering the Greek roots of the rule of law and the role of the Gregorian Reform in affirming the supremacy and the autonomy of law

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Summary

Introduction

By Martin Bernier |Preamble| | This paper shall focus on the evolving features of autonomy and normativity in Western societies. This led to the idea that, as Berman states, “the supreme political authority —the king, the pope himself— may make law (...) but he may not make it arbitrarily, and until he has remade it —lawfully— he is bound by it.”[2] This vision of the law is still remaining today in Western legal traditions where the autonomy of law and the necessity for the rulers to abide by it is no longer questioned.

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