Law in the Time of Oxymora: global mnemonic legal order theory of R. J. Neuwirth

• Alekseenko A.P.

  Alekseenko A.P. - Vladivostok State University of Economics and Service. Vladivostok. Russia.

This article analyses the theory of the global mnemonic legal order proposed in 2018 by the professor Rostam J. Neuwirth. It was built on the basis on recognition of contradictions in law as a key for further lawmaking process. This theory appeared because of the continuing and irreversible globalizing trends, including the globalization of law, as well the transformation of the separate national legal systems to an emerging coherent
system of global law. Globalism in law generates a lot of different contradictions, oxymora and paradoxes, which seem insoluble, incomprehensible, for example, soft law. Law and language, law and culture are highly interconnected, therefore the author of the global mnemonic legal order theory use means of linguistic and culture to understand oxymora and paradoxes in law, to decode the codes hidden by oxymoronic concepts, and, thereby, cast light on their better understanding and via that improve lawmaking. The global mnemonic legal order theory underlines that law exists in changing world and society, so it is a memory, therefore  lawmakers should create law not only for the past experience but also for the future anticipating the processes in society. To do that lawmakers are recommended to use 8 points formula of the above mentioned theory. Some provisions of this theory were analyzed by the author of this paper; all of them are interesting and may have value for Russian legal science.

Keywords: global legal order, international law, legal paradox, oxymora, culture, unifcation, globalization,
mnemonic theory, Neuwirth.