Some socio-legal and legal philosophical implications of limited universal holism with special considerations of modern human rights

  • Amar Dhall

Student thesis: Doctoral Thesis

Abstract

This thesis considers the space of encounter between the quantum mechanical ontology of limited universal holism and the legal system. This space of encounter is identified through an examination of two premises. The first premise is that the ontological structure of limited universal holism has significant legal philosophical and socio-­‐legal implications. The second premise is that the loci of commitment within the ontology of limited universal holism epistemologically coheres with the core ontological notions that underpin the Preamble of the Universal Declaration of Human Rights of 1948 (UDHR),1 specifically the notions of equality,universality and inalienability. Both premises are affirmed in the course of analysis undertaken in this thesis. In addition some novel contributions are posited. Some of the ontological elements of limited universal holism when deployed as heuristic tools show,inter alia,coherence between the way socio-­‐legal constructivists conceptualise the law and the wave-­‐particle duality of quanta. In respect of the second premise,epistemological coherence is shown between the ethos that underpins modern human rights and the loci of commitment within the ontology of limited universal holism. This coherence improves the epistemic stability of monist perspectives on which deep equality may be framed. The thesis concludes with some suggestions for future research. Two particularly exciting areas for future research are uncovered in the course of the analysis. First is the coherence between the work in this thesis and the jurisprudential paradigm of Wild Law (also called ‘Earth Jurisprudence’). Second is the potential for the monist ontology of limited universal holism derived from scientific research to cohere with many diverse wisdom and ethno-­‐cultural traditions and in so doing increase the epistemic standing of monist ontologies.
Date of Award1 Jan 2015
Original languageEnglish
Awarding Institution
  • University of Canberra

Cite this

Some socio-legal and legal philosophical implications of limited universal holism with special considerations of modern human rights
Dhall, A. (Author). 1 Jan 2015

Student thesis: Doctoral Thesis