Reframing the Rule of Law: The Dialectic of Voluntas and Ratio in Kaarlo Tuori’s Thought

This article critically and contextually explores Kaarlo Tuori’s thought as articulated in Ratio and Voluntas: The Tension Between Reason and Will in Law, emphasizing how the tension between legal rationality (ratio) and political will (voluntas) forms the conceptual foundation of the modern rule of law. Through an interpretive approach to constitutional structure, the doctrine of the rule of law, and critiques of legal positivism, this study argues that the rule of law is not free from internal paradoxes. On the contrary, its sustainability and legitimacy depend on how it balances political flexibility with the rational constraints embedded in legal practice and constitutional culture. The article elaborates on the differences between the deductive model of continental law and the inductive approach of the common law tradition, while highlighting the dilemma of “totalitarianism through law” as debated in the works of Hayek, Dworkin, and Allan. By positioning ratio and voluntas as a critical reading framework, the article seeks to open new reflective avenues on contemporary constitutional thought amid the demands of democracy and the supremacy of law.