Kaarlo Tuori
1969 …2023

Research activity per year

Personal profile

Description of research and teaching

In general jurisprudence, my main works are Critical Legal Positivism (Ashgate 2002) and Ratio and Voluntas (Ashgate 2011). In Critical Legal Positivism I try to develop a view of modern law, based on two distinctions: a distinction between law as a symbolic-normative phenomenon (a legal order) and law as legal practices, and a distinction within the legal order between its surface level and its sub-surface, legal cultural layers.

Ratio and Voluntas is elaborates further the view of modern law articulated Critical Legal Positivism. Now this view has been detached from its nation-state moorings. I examine the various guises the tension between ratio and voluntas has adopted in the course of legal modernisation and in the development of modern law. I also explore the role of legal scholarship in accomplishing the tasks of ratio as well as the way the ratio’s tension with voluntas is manifested in constitutional law.

Since mid-2000s, my research has focused on theoretical issues of European law and constitution. Within the Centre of Excellence in Research on the Foundations of European Law and Polity (2008-2013), I developed an approach termed the many constitutions of Europe (see Tuori, Kaarlo – Sankari, Suvi (eds.): The Many Constitutions of Europe. Ashgate  2010). The basic idea is to examine the European constitution as a differentiated process of constitutionalisation (see the introductory essay in Tuori – Sankari 2010). After the end of the CoE, I continued my research within my chair as Academy Professor.

After publishing texts on various dimensions of the European constitution (see, e.g., Tuori, Kaarlo – Tuori, Klaus: The Eurozone Crisis: A Constitutional Analysis, CUP 2014), I composed   a synthesis of my recent research on European constitutionalism (European Constitutionalism, CUP 2015). I also tried to insert European constitutionalism in the more general framework of transnational law (see my chapter in Maduro, Miguel – Tuori, Kaarlo – Sankari, Suvi: Transnational Law: Rethinking European Law and Legal Thinking, CUP 2014, forthcoming).

After completing my foray to European law, I have returned to legal theory. My intention is to enrich my general view of law with the lessons I have learned during my foray to European law and constitutionalism. My aim is to publish a monograph in legal theory in 2018. The tentative title is The Kaleidoscope of Law.

Fields of Science

  • 513 Law