Results for 'Constitutionalism'

40 found
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  1. Constitutionalism and Value Theory.Andras Szigeti - 2010 - In Andras Sajo & Renata Uitz (eds.), Constitutional Topography: Values and Constitutions. ELEVEN INTERNATIONAL PUBLISHING.
    The theory and practice of constitutionalism is tightly interwoven with references and appeals to values. However, these references and appeals frequently remain undertheorized and are seldom connected directly to philosophical theories of value. This chapter outlines some ways in which such connections might be established.
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  2. The Debate on Constitutional Courts and Their Authority Between Legal and Political Constitutionalism.Valerio Fabbrizi - 2016 - Philosophica Critica 2 (2):47-70.
    The paper is focused on the criticisms that theorists of political constitutionalism raise against legal constitutionalism, especially with regard to the idea of representation and political sovereignty. At the same time, the intention is to reconstruct the debate between legal and political constitutionalism in contemporary liberalism, starting from the so-called counter-majoritarian difficulty. This debate concerns two different approaches: the political one rejects the idea of judicial review by the Supreme Court because it may establish a possible rule (...)
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  3.  92
    Nationhood and Constitutionalism in the Dutch Republic: An Examination of Grotius' Antiquity of the Batavian Republic.Ethan Alexander-Davey - 2017 - History of Political Thought 1 (38):64-91.
    The emphasis in contemporary democratic theory and in the history of political thought on the ‘natural rights’ theory of popular sovereignty of Locke, precursors of which are found in the work of Hugo Grotius and others, obscures an important relationship between constitutional self-government and nationalism. Through an examination of the early political writings of Grotius, especially his Antiquity of the Batavian Republic, this essay shows how a national consciousness forged out of memories of native traditions of self-government, and stories of (...)
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  4. Hierarchy, Formal Principles, and a Non-Positivistic Constitutionalism. Comments on Gabriel Encinas’ ‘Interlegal Balancing’.Wei Feng - 2020 - Working Papers of Center for Interlegality Research.
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  5. Is Hyperpluralism Compatible with Dualist Constitutionalism? On Alessandro Ferrara's Conception of Multivariate Democratic Polity.Italo Testa - 2017 - Jura Gentium (1):80-95.
    In this essay I first set out the advantages the " multivariate democratic polity " framework proposed by Ferrara offers in comparison to other more consensus-based notions of democratic legitimacy. Secondly, I highlight some ambiguities concerning the meta-theoretical status of this frame, since it is not clear whether it consists of an adaptive realistic description, or otherwise is a normative argument. Thirdly, I cast some doubts on the compatibility between the multivariate frame and the " dualist conception of democratic (...) " adopted by Ferrara, since the latter seems too indebted to the domestic analogy, and to a consensus-based model of legitimacy. Finally, I argue that the dualist approach does not seem a convenient way to include citizenship in deliberative processes, and the question of the emergence of a transnational demos should rather be reconsidered as crucial for this purpose. (shrink)
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  6.  71
    Decolonizing the Rule of Law: Mabo's Case and Postcolonial Constitutionalism.Duncan Ivison - 1997 - Oxford Journal of Legal Studies 17 (2):253-280.
    Aboriginal claims for self-government in the Americas and Australasia are distinctive for being less about secession—at least so far—than about demanding an innovative rethinking of the regulative norms and institutions within and between already established nation-states. Recent cases in Australia (and Canada) provide an opportunity to consider the nature of such claims, and some of the theoretical implications for regulative conceptions of sovereignty and the rule of law. A general question informing the entire discussion here is: how do particular conceptions (...)
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  7. Animalism and Deferentialism.Chris Daly & David Liggins - 2013 - Dialectica 67 (4):605-609.
    Animalism is the theory that we are animals: in other words, that each of us is numerically identical to an animal. An alternative theory maintains that we are not animals but that each of us is constituted by an animal. Call this alternative theory neo-Lockean constitutionalism or Lockeanism for short. Stephan Blatti (2012) offers to advance the debate between animalism and Lockeanism by providing a new argument for animalism. In this note, we present our own objection to Blatti's argument, (...)
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  8.  69
    The Constitution and Tripartite System of Government: From the Mutiny for the Limited Government Through the Interbranch Subtlety.Kiyoung Kim - 2014 - International Journal of Advanced Research 2 (9):392-401.
    The modern form of government resort their legitimacy to democracy and Republican concept. In any viable way, the political power no longer entertains the dynasty or any divinity from the religion. Then who are responsible to make us fateful if we are any kind of citizen in a polity. Often it is true that the government has to be an amalgam of power elites, and divided for a limited government. The modern democratic constitutionalism considered this aspect any most in (...)
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  9. Restoring Lost Liberty: Francois Hotman and the Nationalist Origins of Constitutional Self-Government.Ethan Alexander-Davey - 2016 - Constitutional Studies 1 (1).
    The rise of constitutional self-government in early modern Europe, I argue, owes much to a nationalist liberation narrative pioneered by French Huguenot François Hotman in Francogallia (1573). In response to appeals by absolutist thinkers to Ro- man law, which put the power of the king beyond legal or constitutional restraint, Hotman wove together tales of the heroism of ancient Gauls and Franks wresting their native liberties back from the Romans with a theory of constitutionally limited government grounded in the common (...)
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  10.  45
    The Separation of Powers Principle: Is It a Lynchpin or Pushpin for the Voyage of American Public?Kiyoung Kim - 2014 - International Journal of Advanced Research 8 (2):887-895.
    The separation of powers principle deeply heritaged in the US constitutionalism affected and continues to influence the law and public policy in the nation. The tripartite scheme of government was quarreled over the history how we have to perceive any best adequate interaction among the Congress, Executive and Judiciary. The Constitution itself merely quibbles on this point, and the Supreme Court justices, in some cases, would not be done as a clear cut for the scope of constitutional power conferred (...)
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  11.  6
    Entre arbitrariedad y razonabilidad. Hacia una teoría crítica del neoconstitucionalismo.Massimo Cuono - 2012 - Eunomía. Revista En Cultura de la Legalidad 2021 (3):44-60.
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  12.  60
    The Choice of Efficiencies and the Necessity of Politics.Michael Bennett - 2020 - Critical Review of International Social and Political Philosophy:1-20.
    Efficiency requires legislative political institutions. There are many ways efficiency can be promoted, and so an ongoing legislative institution is necessary to resolve this choice in a politically sustainable and economically flexible way. This poses serious problems for classical liberal proposals to constitutionally protect markets from government intervention, as seen in the work of Ilya Somin, Guido Pincione & Fernando Tesón and others. The argument for the political nature of efficiency is set out in terms of both Pareto optimality and (...)
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  13. Environmental Rights by Constitutional Means.Iñigo González-Ricoy - 2015 - In Marcello Di Paola & Daanika Kamal (eds.), Climate Change and Human Rights. Global Policy / Wiley-Blackwell.
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  14. Science by Conceptual Analysis: The Genius of the Late Scholastics.James Franklin - 2012 - Studia Neoaristotelica 9 (1):3-24.
    The late scholastics, from the fourteenth to the seventeenth centuries, contributed to many fields of knowledge other than philosophy. They developed a method of conceptual analysis that was very productive in those disciplines in which theory is relatively more important than empirical results. That includes mathematics, where the scholastics developed the analysis of continuous motion, which fed into the calculus, and the theory of risk and probability. The method came to the fore especially in the social sciences. In legal theory (...)
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  15. Why a Bodily Resurrection?: The Bodily Resurrection and the Mind/Body Relation.Mugg Joshua & James T. Turner Jr - 2017 - Journal of Analytic Theology 5:121-144.
    The doctrine of the resurrection says that God will resurrect the body that lived and died on earth—that the post-mortem body will be numerically identical to the pre-mortem body. After exegetically supporting this claim, and defending it from a recent objection, we ask: supposing that the doctrine of the resurrection is true, what are the implications for the mind-body relation? Why would God resurrect the body that lived and died on earth? We compare three accounts of the mind-body relation that (...)
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  16. Semantic Originalism.Lawrence B. Solum - manuscript
    Semantic originalism is a theory of constitutional meaning that aims to disentangle the semantic, legal, and normative strands of debates in constitutional theory about the role of original meaning in constitutional interpretation and construction. This theory affirms four theses: (1) the fixation thesis, (2) the clause meaning thesis, (3) the contribution thesis, and (4) the fidelity thesis. -/- The fixation thesis claims that the semantic content of each constitutional provision is fixed at the time the provision is framed and ratified: (...)
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  17. Liberal Democracy and Nuclear Despotism: Two Ethical Foreign Policy Dilemmas.Thomas E. Doyle - 2013 - Ethics and Global Politics 6 (3):155-174.
    This article advances a critical analysis of John Rawls’s justification of liberal democratic nuclear deterrence in the post-Cold War era as found in The Law of Peoples. Rawls’s justification overlooked how nuclear-armed liberal democracies are ensnared in two intransigent ethical dilemmas: one in which the mandate to secure liberal constitutionalism requires both the preservation and violation of important constitutional provisions in domestic affairs, and the other in which this same mandate requires both the preservation and violation of the liberal (...)
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  18. Justification of Galston's Liberal Pluralism.Azam Golam - 2016 - Springerplus. 2016; 5 (1):1219.
    Liberal multicultural theories developed in late twenty-first century aims to ensure the rights of the minorities, social justice and harmony in liberal societies. Will Kymlicka is the leading philosopher in this field. He advocates minority rights, their autonomy and the way minority groups can be accommodated in a liberal society with their distinct cultural identity. Besides him, there are other political theorists on the track and Galston is one of them. He disagrees with Kymlicka on some crucial points, particularly regarding (...)
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  19. Representación Democrática, Reglas de Decisión y la Constitución.Ricardo Restrepo - manuscript
    Este artículo brinda algunas respuestas y alternativas a ciertos problemas y propuestas en el área de la teoría democrática. El ensayo tiene como enfoque la cuestión de distinguir sistemas que pueden parecer democráticos sin serlo de sistemas realmente democráticos. Develando algunos actores disfrazados del discurso democrático en América Latina, el artículo argumenta que es preferible la regla de la mayoría como base para la identificación del bien común por medio del interés general, que reglas de minorías, consentimiento total o bases (...)
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  20.  15
    European Problems in Understanding Human Dignity.Marek Piechowiak - 2022 - Encyclopedia of Contemporary Constitutionalism.
    (Introduction) Dignity is regarded today as a fundamental, or even the most fundamental, value across legal systems, at both international and national levels. It seems to be one of the values which provide a common axiological basis for different constitutional traditions across Europe (de Lange 2007: esp. 3-6). Moreover, taking account of its prominent place in the law of the United Nations, human dignity is one of the values on which the international community rests. The expression “human dignity” belongs to (...)
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  21.  26
    The Rule of Law in the United States: An Unfinished Project of Black Liberation.Paul Gowder - 2021 - Bloomsbury Publishing.
    What is the American rule of law? Is it a paradigm case of the strong constitutionalism concept of the rule of law or has it fallen short of its rule of law ambitions? -/- This open access book traces the promise and paradox of the American rule of law in three interwoven ways. -/- It focuses on explicating the ideals of the American rule of law by asking: how do we interpret its history and the goals of its constitutional (...)
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  22. On the View That People and Not Institutions Bear Primary Credit for Success in Governance: Confucian Arguments.Justin Tiwald - 2019 - Journal of Confucian Philosophy and Culture 32:65-97.
    This paper explicates the influential Confucian view that “people” and not “institutional rules” are the proper sources of good governance and social order, as well as some notable Confucian objections to this position. It takes Xunzi 荀子, Hu Hong 胡宏, and Zhu Xi 朱熹 as the primary representatives of the “virtue-centered” position, which holds that people’s good character and not institutional rules bear primary credit for successful governance. And it takes Huang Zongxi 黃宗羲 as a major advocate for the “institutionalist” (...)
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  23. The Property Question.William A. Edmundson - manuscript
    The “property question” is the constitutional question whether a society’s basic resources are to be publicly or privately owned; that is, whether these basic resources are to be available to private owners, perhaps subject to tax and regulation, or whether instead they are to be retained in joint public ownership, and managed by democratic processes. James Madison’s approach represents a case in which prior holdings are taken for granted, and the property question itself is kept off of the political agenda. (...)
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  24. The Relationship Between the Law and Public Policy: Is It a Chi-Square or Normative Shape for the Policy Makers?Kiyoung Kim - 2014 - Social Sciences 3 (4):137-143.
    Oftentimes we consider how the law and public policy were interwoven one another for any fine appeal to the constituents and global public. Nonetheless, we are fairly never definite to suggest any hard picture of their relationship. It rather involves an issue of meditative process of philosophy, humanity and social justice as well as a wider of public contention from the purview of temporal and spatial evolution. The paper, in the face with this difficult conundrum, attempts to highlight some of (...)
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  25.  70
    Death: The Loss of Life-Constitutive Integration.Doyen Nguyen - 2019 - Diametros 60:72-78.
    This discussion note aims to address the two points which Lizza raises regarding my critique of his paper “Defining Death: Beyond Biology,” namely that I mistakenly attribute a Lockean view to his ‘higher brain death’ position and that, with respect to the ‘brain death’ controversy, both the notions of the organism as a whole and somatic integration are unclear and vague. First, it is known from the writings of constitutionalist scholars that the constitution view of human persons, a theory which (...)
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  26. Reformas al Estado Social en América Latina: un análisis desde el desarrollo en el nuevo constitucionalismo latinoamericano.Juan Daniel Giraldo Hincapié, Daniel Fernando Ramírez Martínez & Brigit Joaly Zapata Muñoz - 2017 - Revista Justicia y Derecho 5:68-102.
    Abstract: The New Latin-American Constitutionalism (NCL) is a new theory represented by the last-two decades constitutions of Colombia, Venezuela, Ecuador, and Bolivia. These constitutional texts share special characteristics in their originality and their comprehension of the features of their societies, which have originated new mechanism and institutions in constitutional theory, in order to advance the development of their nations. This paper analyzes the aspects of democracy, economic regulation, and peace building, as fundamental elements of NCL, in order to prove (...)
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  27. The Theory and Practice of Electoral Processes in a Democratic Transition: A Comparative Study of Nigeria and South Africa (1999 -2004).Ifedi Francisca - 2019 - Hofa: African Journal of Multidisciplinary Research 4 (1).
    Democratization process has become the global demand of the present century. The Millennium Development Goal (MDG) gave credence to this development. Nigeria and South Africa have had checkered history of dictatorship under military rule and obnoxious apartheid policy respectively. Both countries embraced the current wave in the 1990s. The exploration of this development is our central focus. To do this, the paper examined the following: the relationship between type of electoral system and the conduct of elections in Nigeria and South (...)
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  28.  76
    Trump, Trust, and the Future of the Constitutional Order.Stephen M. Griffin - 2017 - Maryland Law Review 77 (1):161-180.
    Sometimes constitutions fail. The unprecedented election of Donald Trump, a populist insurgent who lacks the prior political experience or military service of all presidents before him, is such a sharp break in American historical experience that it raises questions as to whether something is deeply amiss with the constitutional order. Constitutional failure is not uncommon. A path-breaking global study of national constitutions shows that on average, they last only nineteen years. The U.S. Constitution is an uncommon outlier and, as such, (...)
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  29. Kant’s Deontology as a Critique of Africa’s Ideological Ambiguity.Kizito Michael George - 2021 - Estudos Kantianos, Marília 9 (2):81-92.
    The communal characteristic of African Societies has frequently been juxtaposed with the individualistic tenets of Western polities. However, the evolution of African societies into liberal democracies with the obligation to promote and protect constitutionalism and individual liberties calls for a philosophical niche to bridge between communality and individuality. This paper argues that Africa’s moral and political philosophy is in an urgent need of a Kantian Copernican revolution to ameliorate the conflictual interface between sociality and individualism. The paper opines that (...)
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  30. Constitutional Self-Government and Nationalism: Hobbes, Locke and George Lawson.E. Alexander-Davey - 2014 - History of Political Thought 35 (3):458-484.
    The emphasis in contemporary democratic theory and in the history of political thought on the peculiarly abstract theory of popular sovereignty of Locke and his twentieth-century intellectual descendants obscures a crucial relationship between constitutional self-government and nationalism. Through a Hobbesian and Filmerian critique of Locke and an examination of the political writings of George Lawson , the article shows the necessary connections between popular sovereignty, constitutionalism and a form of national consciousness that renders concrete the otherwise abstract and airy (...)
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  31.  63
    國際政治와 法哲學: 憲法과 國際法의 接點에서.Kiyoung Kim - 2009 - 유럽헌법연구 5:369-402.
    This paper surveys, not exhaustively but rather in summary, the development of legal philosophy surrounding the constitutional and international laws as corresponding that of world politics from the first world war through the formation of WTO governance. The world has changed gradually thus far while the westerners have long forge their hegemony through the recent US one. Before the dusk of new millennium, the political scientists entertained the version of US uni-pole in terms of world politics. Its version have confront (...)
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  32.  96
    The Court, FCC and Internet Policy: Partly With.Kiyoung Kim - 2017 - Beijing Law Review 8:373-396.
    The paper aims to explore the contour of internet regulation with a thread of Brand X , which navigates through constitutionalism, separation of powers, as well as business and economic or political implications enshrined behind it. An exemplary insight with the Korean case was adverted that could lead to the comparative perspective of internet law and regulation for the future research. The research was conducted by employing qualitative investigation, mainly relying on textual analysis and documentary examination. The outcome of (...)
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  33.  82
    민주헌법관과 촛불시위 사이에서: 민주주의에 대한 두 유형의 실험실을 돌아보며.Kiyoung Kim - 2017 - Chosun Law Journal 24 (3):101-139.
    In the midst of rapid transformation and interstate competition within the global village, the effectiveness and prestige of national government should be any priority to measure a good order of constitutional democracy, especially for the nations to be called on service provision and public welfare. The times of ideology and philosophy had waned while the diverse civilizations clash, in which the technological advance and socio-economic environment inflict a tremendous change for the private and public mode of our contemporary livings. In (...)
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  34.  35
    미국에서의 평등권에 관한 이론.Kiyoung Kim - 2000 - Studies on the Asia-Pacific Public Law 7:83-113.
    The author surveyed the theory and practice of equal protection under the US constitutionalism.
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  35. Kim Report: Compiles and Thought on the College and University Rankings.Kiyoung Kim (ed.) - 2021 - New York, USA: Kindle Direct Publishing.
    The aims of this book is clear and straightforward. It was motivated to convert an inhumane or insipid experience with the various sources of global ranking into the kind of humanly and cultural experience within our daily lifestyle. Their outlook from presentation is masked with the number purely and perhaps through a myriad of complicated data or ranking information. The concept or self-identification within the experience or exposure would be less substantial or hard to get palpable. My attempt to improve (...)
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  36. Democracy and National Development: A Focus on Nigeria.Ogbulafor I. Obilor, Iwundu Kenneth, Fidelis Obasi Okoroafor, Emmanuel Chima & Mojirayo Bukola Bello - 2018 - GNOSI: An Interdisciplinary Journal of Human Theory and Praxis 1 (2):01-08.
    Democracy is a government form based on the general consent, is seen to becoming common in global nations; and that if the tenet is followed it facilitates national development. This study used the content analysis method to examine democracy in Nigeria and national development. It was found that some pre-colonial administrations in Nigeria had embraced democratic tenets before the colonials master came; the difference, however, border on structural arrangements. It was found that the version of western democracy has not adapted (...)
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  37. Constitutionalizing Connectivity: The Constitutional Grid of World Society.Poul F. Kjaer - 2018 - Journal of Law and Society 45 (S1):114-34.
    Global law settings are characterized by a structural pre-eminence of connectivity norms, a type of norm which differs from coherency or possibility norms. The centrality of connectivity norms emerges from the function of global law, which is to increase the probability of transfers of condensed social components, such as economic capital and products, religious doctrines, and scientific knowledge, from one legally structured context to another within world society. This was the case from colonialism and colonial law to contemporary global supply (...)
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  38. Immaterialist Solutions to Puzzles in Personal Ontology.Kristin Seemuth Whaley - 2017 - Dissertation, University of Illinois at Urbana-Champaign
    What are we? Despite much discussion in historical and contemporary philosophy, we have not yet settled on an answer. A satisfactory personal ontology, an account of our metaphysical nature, will be informed by issues in the metaphysics of material objects. In the dissertation, I target two prominent materialist ontologies: animalism, the view that we are numerically identical to human organisms, and constitutionalism, the view that we are constituted by, but not identical to, human organisms. Because of the problems that (...)
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  39. The Contemporary Issues and Supreme Court.Kiyoung Kim - 2015 - Chosun Law Institute.
    Once again the decision and court opinion are an element within the general understanding of law at least in the common law countries. A lawyerly way has implications in shaping the pattern of public administration, but in differing extent of public attraction or normative impact. -/- First, while the Constitution of United States had brought a popular democracy and Constitution-based structure of government, the Ancient Regime had been overhauled in new land. The “nobility” as a basis of government was dispelled, (...)
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  40.  90
    Empirismo y derechos humanos. Unas reflexiones a partir de la Filosofía del Derecho de K. Olivecrona.Oscar Vergara - 2017 - Persona y Derecho 75 (2017/1):7 - 29.
    Resumen: Tomado en serio, el empirismo parece abocar a la negación de los derechos humanos; al menos entendidos como expresión de la naturaleza humana. Bajo esta óptica, K. Olivecrona rechaza explícitamente todo Derecho natural, por considerarlo una noción metafísica. En cambio, cuando describe el Derecho positivo, se encuentra con que éste parece asegurar un determinado orden de valores. Olivecrona, además de describir este dato, en diversos escritos asume dichos valores e incluso los defiende. Esta última postura no es muy coherente (...)
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