Results 141 to 150 of about 476,664 (176)
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Journal of Moral Philosophy, 2009
AbstractBoth of the books under review (R. Dworkin, Justice in Robes and N.E. Simmonds, Law as a Moral Idea) offer a challenge to the dominant jurisprudential tradition of legal positivism. Underlying this superficial similarity in aims is a sharp divergence in philosophical outlook.
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AbstractBoth of the books under review (R. Dworkin, Justice in Robes and N.E. Simmonds, Law as a Moral Idea) offer a challenge to the dominant jurisprudential tradition of legal positivism. Underlying this superficial similarity in aims is a sharp divergence in philosophical outlook.
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The Rule of Law as Institutional Ideal
Comparative Sociology, 2010This article aims at offering an innovative interpretation of the potentialities of the “rule of law” for the twenty-first century. It goes beyond current uses and the dispute between formal and substantive conceptions by exploring the roots of the institutional ideal. Also through historical reconstruction and comparative analysis, the core of
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The ideal element in a definition of law
Law and Philosophy, 1986John Rawls has advised us that definitions cannot settle fundamental questions. The merit of a definition depends on the theory in which it is embedded. Analyses of meaning, therefore, have no privileged status but must be assessed as elements of a larger theoretical 'enterprise.1 As applied to law, Rawls' advice is well taken.
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2021
Law in general, including constitutional rights and legal argumentation, has a dual nature. This is the underlying thesis of this collection of twenty-one chapters devoted to legal philosophy and constitutional law. Law connects a real dimension, defined by authoritative issuance and social efficacy, with an ideal dimension, defined by the claim to ...
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Law in general, including constitutional rights and legal argumentation, has a dual nature. This is the underlying thesis of this collection of twenty-one chapters devoted to legal philosophy and constitutional law. Law connects a real dimension, defined by authoritative issuance and social efficacy, with an ideal dimension, defined by the claim to ...
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Space 2002 and Robotics 2002, 2002
A system of governance will be required for each of the human settlements that will predictably be established on the Moon, Mars, and other sites in the solar system in the 21 st century. The success or failure of the extraterrestrial settlements will depend to a large degree upon the ability of their respective governments to create bodies of laws ...
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A system of governance will be required for each of the human settlements that will predictably be established on the Moon, Mars, and other sites in the solar system in the 21 st century. The success or failure of the extraterrestrial settlements will depend to a large degree upon the ability of their respective governments to create bodies of laws ...
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2018
This chapter explores Kant’s account of the empirical laws of nature and the systematic unity they generate. How, if at all, can the particular laws of nature be both necessary and known empirically? And what, if any, is the cognitive function of the regulative idea of systematic unity for our knowledge of the laws? It is argued that, on Kant’s account,
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This chapter explores Kant’s account of the empirical laws of nature and the systematic unity they generate. How, if at all, can the particular laws of nature be both necessary and known empirically? And what, if any, is the cognitive function of the regulative idea of systematic unity for our knowledge of the laws? It is argued that, on Kant’s account,
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2017
Alexy’s thesis that law has an ideal dimension is essentially based on the argument that law necessarily raises a claim to correctness that includes a claim to moral correctness. John Finnis has contested the necessity of this connection between law and a claim with moral content.
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Alexy’s thesis that law has an ideal dimension is essentially based on the argument that law necessarily raises a claim to correctness that includes a claim to moral correctness. John Finnis has contested the necessity of this connection between law and a claim with moral content.
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Governing Law Solutions to Ideal Laws
2018Chapter 2 investigates the potential for a theory of the metaphysics of ideal laws based around governing conceptions of lawhood. Three existing approaches are discussed: Armstrong’ theory of nomic necessitation, Cartwright’s capacity conception of laws, and Ellis’ theory of laws as essences of natural kinds. It is argued that none of these conceptions
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2009
Doğal hukuk teorisyenleri, genel olarak, insanın maddî ve anlamsal (manevî) doğasıyla insan aklına göndermede bulunarak “olması gereken”i inşa etmeye çalışmışlardır. Bu bağlamda insanın evrensel yanı, genel geçer bazı evrensel ilkelerin varlığı düşüncesini doğurmuştur.
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Doğal hukuk teorisyenleri, genel olarak, insanın maddî ve anlamsal (manevî) doğasıyla insan aklına göndermede bulunarak “olması gereken”i inşa etmeye çalışmışlardır. Bu bağlamda insanın evrensel yanı, genel geçer bazı evrensel ilkelerin varlığı düşüncesini doğurmuştur.
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