Natascia Tosel

Re-make & repair! Legal Institutions as Social “Remediesµ

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The article focuses on the link between law and duration: to assure the endurance of a group is the fundamental job of every legal institution. Therefore, law is in charge of remedying conflicts, disputes and litigations that could break the unity of the group. The purpose of the paper is to demonstrate that this repair-work could be realized in two very different ways: on one side, it could be a work to prevent, minimize and limit the conflictuality. In this case, the endurance of a group is assured through a strong anchor with tradition that refuses every social change and forces the group to conform to a unique standard. On the other side, law can remedy social rifts through a work of continue mediation and negotiation between social actors, which aims to compose (and not to end) social divisions. The first kind of legal remedy will be analysed through the opinion of the Supreme Court of the United States in the case Dobbs v. Jackson; the second type of legal remedy will emerge starting from the legal theory of Karl Llewellyn and Laura Nader.


  • Law
  • institution
  • Karl Llewellyn
  • Laura Nader
  • legal remedy
  • strategic litigation


Article first page

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