Rafael Domingo Osle
Encyclopedia
Rafael Domingo Oslé, born in 1963 in Logroño, La Rioja (Spain)
, is a Spanish jurist, legal theorist and professor of law who is specialized in ancient Roman law
, Comparative law
and Global law. Domingo is his first last name.
(Pamplona, Spain), both with the highest honors. He then continued his studies at the Ludwig Maximilian University of Munich, Germany as a Humboldt research fellow (1989 and 1995). He was also a visiting scholar at the University of Rome-La Sapienza (1995), and at the Columbia Law School
in New York (2000 and 2009).
, in 1995 he was named the successor to his former teacher and mentor, the Roman law
scholar Álvaro d'Ors, at the University of Navarra
School of Law, where he served as Dean (1996–1999) and founding Director of the Garrigues
Chair in Global Law (2003–2009). Currently, Domingo is a joint Straus Fellow and Emile Noël Senior Fellow at New York University
(NYU) School of Law. Rafael Domingo is also founding Director of The Global Law Collection by Thomson Reuters
Aranzadi (2005) and founder and president of the Maiestas Foundation (2007).
Domingo is Member of the Spanish Academy of Legal Science and Legislation, the Spanish Academy of Moral Sciences and Politics, the Austrian Academy of Sciences
, and the Academy of Social Sciences in Cordoba (Argentina). Domingo has been awarded the Medal of Honor, Toribio Rodriguez de Mendoza, by the Peruvian Constitutional Court (2006); the Rafael Martinez Emperador Prize by the Spanish Council of the Judiciary (2007); the Medal of Honor by the Paraguayan Academy of Law (2009), and the Silver Medal of the University of Navarra (2011).
According to Domingo, the main difference existing between international law and global law is that international law is based on the idea of state sovereignty, while global law is based on the inherent dignity of the human person (ius ex persona oritur). The global law paradigm considers the person, not only in and of itself, nor as a member of a specific political community, but instead as the integral constituent part of humanity as a whole. In the statist international paradigm, the state takes the place of the person, whereas in this new global paradigm, the global community (that is to say, humanity) neither replaces, nor displaces, the person, but naturally integrates it therein. Thus, in this new global law system the person is the primary subject and focus, and is not relegated to a secondary role as happened with the application of the international law.
The establishment of a global legal order demands the full harmonization of the various legal systems, as well as a global authority that would exist above the states themselves. The only conceivable institution which would be capable of bringing this global authority into reality would be none other than a Global Parliament, the democratic institution par excellence. Using the terminology of H.L.A Hart, the “rule of recognition” of this new global law could be expressed with the old Latin aphorism: “quod omnes tangit ab omnibus approbetur” (Law which affects all must be approved by all). This basically means that rules governing issues affecting all humanity (and only those issues, and only to the extent they affect all) would have to be approved by humanity as a whole. This would be, according to Domingo, the way to democratize the new global law paradigm right to its core.
The organization of humanity as a political community must not be like that of a global super-state or a sort of world-dominating empire, but rather it must be set up as an Anthroparchy. This is the name that Domingo proposes for humanity’s form of government under global law. Anthroparchy would be governed by a chief institution known as United Humanity, the heir and successor to the UN (which would ultimately be disbanded), upon which the remaining global institutions would depend.
In the area of comparative law, Domingo has generally focused on medieval legal rules and aphorisms which are present in numerous (and differing) contemporary legal systems, in addition to the formation of modern Japanese law and, in particular, the Japanese Civil Code.
La Rioja (Spain)
La Rioja is an autonomous community and a province of northern Spain. Its capital is Logroño. Other cities and towns in the province include Calahorra, Arnedo, Alfaro, Haro, Santo Domingo de la Calzada, and Nájera.-History:...
, is a Spanish jurist, legal theorist and professor of law who is specialized in ancient Roman law
Roman law
Roman law is the legal system of ancient Rome, and the legal developments which occurred before the 7th century AD — when the Roman–Byzantine state adopted Greek as the language of government. The development of Roman law comprises more than a thousand years of jurisprudence — from the Twelve...
, Comparative law
Comparative law
Comparative law is the study of differences and similarities between the law of different countries. More specifically, it involves study of the different legal systems in existence in the world, including the common law, the civil law, socialist law, Islamic law, Hindu law, and Chinese law...
and Global law. Domingo is his first last name.
Education
Rafael Domingo received his university law degree (J.D. 1985) and doctorate in law (J.S.D. 1987) from the University of NavarraUniversity of Navarra
The University of Navarra is a private pontifical university based at the southeast border of Pamplona, Spain. It was founded in 1952 by St. Josemaría Escrivá de Balaguer, the founder of Opus Dei as a corporate work of the apostolate of Opus Dei....
(Pamplona, Spain), both with the highest honors. He then continued his studies at the Ludwig Maximilian University of Munich, Germany as a Humboldt research fellow (1989 and 1995). He was also a visiting scholar at the University of Rome-La Sapienza (1995), and at the Columbia Law School
Columbia Law School
Columbia Law School, founded in 1858, is one of the oldest and most prestigious law schools in the United States. A member of the Ivy League, Columbia Law School is one of the professional graduate schools of Columbia University in New York City. It offers the J.D., LL.M., and J.S.D. degrees in...
in New York (2000 and 2009).
Academic and professional activities
After serving terms as associate professor of Roman law (1989) and tenured professor of Roman law (1993) at the University of CantabriaUniversity of Cantabria
University of Cantabria , in Spanish Universidad de Cantabria, is a public university located in Santander and Torrelavega in Cantabria, Spain. It was founded in 1972 and is organized in 12 schools and colleges....
, in 1995 he was named the successor to his former teacher and mentor, the Roman law
Roman law
Roman law is the legal system of ancient Rome, and the legal developments which occurred before the 7th century AD — when the Roman–Byzantine state adopted Greek as the language of government. The development of Roman law comprises more than a thousand years of jurisprudence — from the Twelve...
scholar Álvaro d'Ors, at the University of Navarra
University of Navarra
The University of Navarra is a private pontifical university based at the southeast border of Pamplona, Spain. It was founded in 1952 by St. Josemaría Escrivá de Balaguer, the founder of Opus Dei as a corporate work of the apostolate of Opus Dei....
School of Law, where he served as Dean (1996–1999) and founding Director of the Garrigues
Garrigues
Les Garrigues is a comarca in Catalonia, Spain. Its capital is Les Borges Blanques. Its symbol is an olive branch, Les Garrigues being the center of olive cultivation in all of Catalonia...
Chair in Global Law (2003–2009). Currently, Domingo is a joint Straus Fellow and Emile Noël Senior Fellow at New York University
New York University
New York University is a private, nonsectarian research university based in New York City. NYU's main campus is situated in the Greenwich Village section of Manhattan...
(NYU) School of Law. Rafael Domingo is also founding Director of The Global Law Collection by Thomson Reuters
Thomson Reuters
Thomson Reuters Corporation is a provider of information for the world's businesses and professionals and is created by the Thomson Corporation's purchase of Reuters Group on 17 April 2008. Thomson Reuters is headquartered at 3 Times Square, New York City, USA...
Aranzadi (2005) and founder and president of the Maiestas Foundation (2007).
Domingo is Member of the Spanish Academy of Legal Science and Legislation, the Spanish Academy of Moral Sciences and Politics, the Austrian Academy of Sciences
Austrian Academy of Sciences
The Austrian Academy of Sciences is a legal entity under the special protection of the Federal Republic of Austria. According to the statutes of the Academy its mission is to promote the sciences and humanities in every respect and in every field, particularly in fundamental research...
, and the Academy of Social Sciences in Cordoba (Argentina). Domingo has been awarded the Medal of Honor, Toribio Rodriguez de Mendoza, by the Peruvian Constitutional Court (2006); the Rafael Martinez Emperador Prize by the Spanish Council of the Judiciary (2007); the Medal of Honor by the Paraguayan Academy of Law (2009), and the Silver Medal of the University of Navarra (2011).
Global law
Domingo believes that the dislocassions of the worldwide economic crisis, the necessity of a system of global justice to address crimen against humanity, and the notorius democratic deficit of international institutions highlight the need for an innovative and truly global legal system -one that permits humanity to reorder itself according to acknowledged global needs and evolving consciousness. This new global law will constitute, by itself, a genuine legal order and will not be limited to a handful of moral principles that attempt to guide the conduct of the world's peoples.According to Domingo, the main difference existing between international law and global law is that international law is based on the idea of state sovereignty, while global law is based on the inherent dignity of the human person (ius ex persona oritur). The global law paradigm considers the person, not only in and of itself, nor as a member of a specific political community, but instead as the integral constituent part of humanity as a whole. In the statist international paradigm, the state takes the place of the person, whereas in this new global paradigm, the global community (that is to say, humanity) neither replaces, nor displaces, the person, but naturally integrates it therein. Thus, in this new global law system the person is the primary subject and focus, and is not relegated to a secondary role as happened with the application of the international law.
The establishment of a global legal order demands the full harmonization of the various legal systems, as well as a global authority that would exist above the states themselves. The only conceivable institution which would be capable of bringing this global authority into reality would be none other than a Global Parliament, the democratic institution par excellence. Using the terminology of H.L.A Hart, the “rule of recognition” of this new global law could be expressed with the old Latin aphorism: “quod omnes tangit ab omnibus approbetur” (Law which affects all must be approved by all). This basically means that rules governing issues affecting all humanity (and only those issues, and only to the extent they affect all) would have to be approved by humanity as a whole. This would be, according to Domingo, the way to democratize the new global law paradigm right to its core.
The organization of humanity as a political community must not be like that of a global super-state or a sort of world-dominating empire, but rather it must be set up as an Anthroparchy. This is the name that Domingo proposes for humanity’s form of government under global law. Anthroparchy would be governed by a chief institution known as United Humanity, the heir and successor to the UN (which would ultimately be disbanded), upon which the remaining global institutions would depend.
Roman law and comparative law
In the field of Roman law, Domingo has carried out critical studies of Otto Lenel’s proposed reconstruction of the Edictum Perpetuum, offering new considerations regarding (as well as a reconstruction of) the first edictal title on the jurisdiction of the praetor (De iurisdictione). He also has analyzed the nature of the relationship between auctoritas (authority) and potestas (power), two genuinely Roman legal concepts central to the philosophy of Alvaro d'Ors, which Domingo covers in his book entitled, Auctoritas (1999). This work provides a complete vision of Álvaro d'Ors's thought.In the area of comparative law, Domingo has generally focused on medieval legal rules and aphorisms which are present in numerous (and differing) contemporary legal systems, in addition to the formation of modern Japanese law and, in particular, the Japanese Civil Code.
Major publications
- Estudios sobre el primer título del Edicto del Pretor [Studies on the First Part of the Praetor’s Edict] (Universidad de Santiago de Compostela, 1992, 1993, 1995)
- Auctoritas [On Authority] (Ariel, 1999)
- Código civil japonés. Estudio preliminar, traducción y notas [The Japanese Civil Code. Preliminary Study, Translation and Notes] (Marcial Pons 2000), in collaboration with Nobuo Hayashi.
- Juristas universales [Universal Jurists] (editor and coordinator), 4 vols. (Marcial Pons, 2004)
- Ex Roma ius [From Rome, Law] (Thomson Aranzadi, 2005)
- Álvaro d’Ors, una introducción a su obra [Alvaro d’Ors, an Introduction to his Works] (Thosmon Aranzadi, 2005)
- Principios de Derecho Global. 1000 reglas jurídicas y aforismos comentados [Principles of Global Law. 1000 Legal Rules and Commented Aphorisms] (editor and coordinator) (Thomson Aranzadi, 2006)
- ¿Qué es el Derecho Global? [What is Global Law?] (Thomson Reuters Aranzadi, 2008)
- The New Global Law (Cambridge University Press, 2010)
External links
- University of Navarra: http://www.unav.es/departamento/derechoromano/curriculumvitae-esp
- Straus Institute at NYU School of Law: http://www.nyustraus.org/fellows/11-12-fellows/rafael-domingo.html
- Global Law Collection: http://www.globallawcollection.com/autor-27.html
- Maiestas Foundation: http://www.fundacionmaiestas.org/presentacion/rafa_domingo
- Legal Today: http://www.legaltoday.com/index.php/colaboradores/domingo
- A few of his articles can be read at the following link (in Spanish): http://www.cope.es/articulistas-2339-rafael-domingo