Results for 'Justification of Law'

972 found
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  1. Unsavory implications of a theory of justice and the law of peoples: The denial of human rights and the justification of slavery.Uwe Steinhoff - 2012 - Philosophical Forum 43 (2):175-196.
    Many philosophers have criticized John Rawls’s Law of Peoples. However, often these criticisms take it for granted that the moral conclusions drawn in A Theory of Justice are superior to those in the former book. In my view, however, Rawls comes to many of his 'conclusions' without too many actual inferences. More precisely, my argument here is that if one takes Rawls’s premises and the assumptions made about the original position(s) seriously and does in fact think them through to their (...)
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  2. Kant's Justification of Ethics.Owen Ware - 2021 - Oxford, UK: Oxford University Press.
    Kant’s arguments for the reality of human freedom and the normativity of the moral law continue to inspire work in contemporary moral philosophy. Many prominent ethicists invoke Kant, directly or indirectly, in their efforts to derive the authority of moral requirements from a more basic conception of action, agency, or rationality. But many commentators have detected a deep rift between the _Groundwork for the Metaphysics of Morals_ and the _Critique of Practical Reason_, leaving Kant’s project of justification exposed to (...)
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  3. Deliberation, Responsibility, and Excusing Mistakes of Law.Alexander A. Guerrero - 2015 - Jurisprudence 6 (1):81-94.
    In ‘Excusing Mistakes of Law’, Gideon Yaffe sets out to ‘vindicate’ the claim ‘that mistakes of law never excuse’ by ‘identifying the truth that is groped for but not grasped by those who assert that ignorance of law is no excuse’. Yaffe does not offer a defence of the claim that mistakes of law never excuse. That claim, Yaffe argues, is false. Yaffe’s article is, rather, an effort to assess what plausible thought might be behind the idea that mistakes of (...)
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  4. Kant and the Problem of Unequal Enforcement of Law.Daniel Koltonski - 2021 - Journal of Ethics and Social Philosophy 20 (2):188-210.
    Kant infamously opposes not only revolution but also any resistance or disobedience by citizens that aims to compel states to reform themselves. This paper argues that, in fact, the Kantian account of the legitimate state has the resources for a distinctive justification of principled disobedience, including even violent or destructive resistance, that applies to citizens of contemporary Western democracies. When a state fails to enforce the law equally, this lack of equal enforcement can deprive some citizens of the equal (...)
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  5. THE MECHANISM OF LAW AS MEDIUM OF VIOLENCE AND THE EMERGENCE OF END SARS: TOWARDS THE ARTICULATION OF GOOD LEADERSHIP IN NIGERIA.Simon Efenji, Joseph - 2018 - Journal of Rare Ideas 1 (1).
    This work establishes that the primary justification for the state is its role as the guarantor of last resort of the personal safety, liberty and property of the citizens. The essay upholds that the state exists fundamentally for the protection of life and property and ensuring the wellbeing of the citizens and unless it performs this basic function it has no reason to exist. The essay equally establishes that no other time since the civil war era has Nigeria's state (...)
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  6. Critical Legal Studies and the Rule of Law.Mark Tushnet - 2021 - In Jens Meierhenrich & Martin Loughlin (eds.), The Cambridge Companion to the Rule of Law. Cambridge University Press. pp. 328 - 339.
    This brief essay describes what critical legal scholars said – or perhaps more accurately – would have said – about the concept of the rule of law. Describing critical legal studies as a project in American legal thought rather than analytical jurisprudence, it argues that “the rule of law” is an ideological project, and can come in various versions – liberal, social democratic, and more. It addresses Morton Horwitz’s critique of E.P. Thompson’s assertion that the rule of law is an (...)
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  7. Authority and the Law: The Primacy of Justification over Legitimacy in Spinoza.Dimitris Vardoulakis - 2018 - In Dimitris Vardoulakis & Kiarina Kordela (eds.), Spinoza’s Authority Volume II: Resistance and Power in the Political Treatises. Bloomsbury. pp. 45-66.
    Vardoulakis argues that the notion of law as developed in chapter 4 of Spinoza's Theological Political Treatise does not rely on a notion of legitimacy but rather on how authority justifies itself. To demonstrate this point, Vardoulakis analyzes closely the example of Adam and the Fall used by Spinoza in that chapter of the Treatise.
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  8. The use of scientific arguments as a mode of justification. What place does it have in politics and law? A case study of EU GMO regulation.Pierre Walckiers - 239 - de Europa:177-212.
    The aim of this master’s thesis is to analyse and highlight the interaction between science, politics and law. More precisely, our research question concerns the use of scientific arguments in social spheres (notably in politics and law) instead of legal or political arguments. In fact, we want to raise the way in which certain actors invoke scientific arguments to impose "objective" elements of fact in debate and, in this way, refrain from politically and "subjectively" discussing these same elements (or, at (...)
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  9. A Critique of Mario Vargas Llosa’s Putative Justifications of Bullfighting.David Villena - 2021 - Journal of Animal Ethics 11 (2):31-41.
    The Nobel Prize in Literature laureate Mario Vargas Llosa (2020) praises the legal protection of bullfighting by a Peruvian law that prohibits the torture of animals except in case of cultural traditions, such as bullfighting and cockfighting. He claims that his defense of bullfighting follows from his liberal point of view, and advances three reasons in favor of its preservation: It is a tradition, it is a fine art, and the individuals should be constitutionally free to choose what to see (...)
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  10. A justification for excuses: Brown’s discussion of the knowledge view of justification and the excuse manoeuvre.Clayton Littlejohn - 2022 - Philosophical Studies 179 (8):2683-2696.
    In Fallibilism: Evidence and Knowledge, Jessica Brown identifies a number of problems for the so-called knowledge view of justification. According to this view, we cannot justifiably believe what we do not know. Most epistemologists reject this view on the grounds that false beliefs can be justified if, say, supported by the evidence or produced by reliable processes. We think this is a mistake and that many epistemologists are classifying beliefs as justified because they have properties that indicate that something (...)
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  11. Machiavelli’s realist image of humanity and his justification of the state.Manuel Knoll - 2018 - Filozofija I Društvo 29 (2):182-201.
    This article examines Machiavelli’s image of humanity. It argues against the prevailing views that characterize it either as pessimistic or optimistic and defends the thesis that the Florentine has a realist image of humanity. Machiavelli is a psychological egoist who conceives of man as a being whose actions are motivated by his drives, appetites, and passions, which lead him often to immoral behavior. Man’s main drives are “ambition” (ambizione) and “avarice” (avarizia). This article also investigates Machiavelli’s concept of nature and (...)
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  12. The publicity "defect" of customary law.Varun Gauri - 2012 - In Brian Z. Tamanaha, Caroline Sage & Michael J. V. Woolcock (eds.), Legal pluralism and development: scholars and practitioners in dialogue. New York: Cambridge University Press.
    This paper examines the extent to which dispute resolvers in customary law systems provide widely understandable justifications for their decisions. The paper first examines the liberal-democratic reasons for the importance of publicity, understood to be wide accessibility of legal justification, by reviewing the uses of publicity in Habermas’ and Rawls’ accounts of the rule of law. Taking examples from Sierra Leone, the paper then argues that customary law systems would benefit from making local dispute resolution practices, such as “begging” (...)
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  13. Theorizing the Normative Significance of Critical Histories for International Law.Damian Cueni & Matthieu Queloz - 2022 - Journal of the History of International Law 24 (4):561-587.
    Though recent years have seen a proliferation of critical histories of international law, their normative significance remains under-theorized, especially from the perspective of general readers rather than writers of such histories. How do critical histories of international law acquire their normative significance? And how should one react to them? We distinguish three ways in which critical histories can be normatively significant: (i) by undermining the overt or covert conceptions of history embedded within present practices in support of their authority; (ii) (...)
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  14. The doctrine of vicarious liability and justification for its existence in Zimbabwe's law of delict.Tatenda Ngara - manuscript
    The doctrine of vicarious liability provides that an employer is vicariously or indirectly liable for all delicts or violations of the law committed by his or her employees when they are acting in the course and within the scope of their employment at the time when a delict is committed. In simple terms it is law that imposes liability on employers for the wrong doings of their employees. Some of the reasons why it has been justifiable to have this doctrine (...)
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  15. Law and the Rights of the Non-Humans.Deepa Kansra - 2022 - Iils Law Review 8 (2):58-71.
    The law confers rights on non-human entities, namely nature, machines (AI), and animals. While doing so, the law is either viewed as progressive or sometimes as abstract and ambiguous. Despite the critique, it is undeniable that many of the rights of non-humans have come to solidify in statutory and constitutional rules of different systems. In the context of these developments, the article sheds light on the core justifications for advancing the rights of non-human entities. In addition, it discusses the conditions (...)
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  16. Intersections of International Human Rights Law and Criminal Law (Conference Report).Deepa Kansra - 2021 - Indian Law Institute Law Review 1 (Winter):377-379.
    The Human Rights Studies Programme, School of International Studies (JNU), in collaboration with the Centre for Inner Asian Studies, School of International Studies (JNU), and the Indian Law Institute (Delhi), organized a Human Rights Day Webinar on the Intersections of Human Rights and Criminal Law on December 9-10, 2021. Experts and young scholars from the field shared their insights and research on the webinar theme. The presentations were organized under four sessions, including Session I on Rights Jurisprudence and Criminal Law, (...)
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  17. Law and the Entitlement to Coerce.Robert C. Hughes - 2013 - In Wilfrid J. Waluchow & Stefan Sciaraffa (eds.), Philosophical foundations of the nature of law. Oxford, United Kingdom: Oxford University Press. pp. 183.
    Many assume that whenever government is entitled to make a law, it is entitled to enforce that law coercively. I argue that the justification of legal authority and the justification of governmental coercion come apart. Both in ideal theory and in actual human societies, governments are sometimes entitled to make laws that they are not entitled to enforce coercively.
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  18. (1 other version)Fundamentals of Order Ethics: Law, Business Ethics and the Financial Crisis.Christoph Luetge - 2012 - Archiv für Rechts- Und Sozialphilosophie Beihefte 130:11-21.
    During the current financial crisis, the need for an alternative to a laissez-faire ethics of capitalism (the Milton Friedman view) becomes clear. I argue that we need an order ethics which employs economics as a key theoretical resource and which focuses on institutions for implementing moral norms. -/- I will point to some aspects of order ethics which highlight the importance of rules, e.g. global rules for the financial markets. In this regard, order ethics (“Ordnungsethik”) is the complement of the (...)
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  19. Theories of Epistemic Justification.Salah Ismail - 2000 - Arab Journal for the Humanities 18 (69):110-151.
    Knowledge is not only true belief, because some true beliefs are supported by lucky guesswork and hence do not describe knowledge. Knowledge requires possession of good reasons that elevates a true belief to the status of knowledge. This is justification condition. However, this concept of knowledge has been disputed by Gettier and requires modification. Some philosophers say that we must add the condition that the complete justification that a man has for what he believes must not depend on (...)
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  20. Fichte’s method of moral justification.Owen Ware - 2019 - British Journal for the History of Philosophy 27 (6):1173-1193.
    While Kant’s claim that the moral law discloses our freedom to us has been extensively discussed in recent decades, the reactions to this claim among Kant’s immediate successors have gone largely overlooked by scholars. Reinhold, Creuzer, and Maimon were among three prominent thinkers of the era unwilling to follow Kant in making the moral law the condition for knowing our freedom. Maimon went so far as to reject Kant’s method of appealing to our everyday awareness of duty on the grounds (...)
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  21. The Argentine Supreme Court of Justice and the Equality before the Law in Crimes against Humanity.Daniel Gorra & Manuel Francisco Serrano - 2022 - Latin American Human Rights Studies 2:1-28.
    The aim of this paper is to analyze a selection of arguments used by the Argentine Supreme Court to reduce the sentence of individuals convicted of crimes against humanity. The focus will be primarily centered on “Muiña´s case”, in which a lenient outdated ruling was made. The questions that this work will try to answer revolve around the court´s merit in issuing this lenient ruling to Muiña´s case and its justification. First, Muiña´s case is analyzed in depth. Then, a (...)
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  22. "What Does Logic Have to Do with Justified Belief? Why Doxastic Justification is Fundmanetal".Hilary Kornblith - 2022 - In Paul Silva & Luis R. G. Oliveira (eds.), Propositional and Doxastic Justification: New Essays on their Nature and Significance. New York: Routledge.
    As George Boole saw it, the laws of logic are the laws of thought, and by this he meant, not that human thought is actually governed by the laws of logic, but, rather, that it should be. Boole’s view that the laws of logic have normative implications for how we ought to think is anything but an outlier. The idea that violating the laws of logic involves epistemic impropriety has seemed to many to be just obvious. It has seemed especially (...)
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  23. Are non-accidental regularities a cosmic coincidence? Revisiting a central threat to Humean laws.Aldo Filomeno - 2019 - Synthese 198 (6):5205-5227.
    If the laws of nature are as the Humean believes, it is an unexplained cosmic coincidence that the actual Humean mosaic is as extremely regular as it is. This is a strong and well-known objection to the Humean account of laws. Yet, as reasonable as this objection may seem, it is nowadays sometimes dismissed. The reason: its unjustified implicit assignment of equiprobability to each possible Humean mosaic; that is, its assumption of the principle of indifference, which has been attacked on (...)
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  24. Strong Political Liberalism.Henrik D. Kugelberg - 2024 - Law and Philosophy 43 (4):341-366.
    Public reason liberalism demands that political decisions be publicly justified to the citizens who are subjected to them. Much recent literature emphasises the differences between the two main interpretations of this requirement, justificatory and political liberalism. In this paper, I show that both views share structural democratic deficits. They fail to guarantee political autonomy, the expressive quality of law, and the justification to citizens, because they allow collective decisions made by incompletely theorised agreements. I argue that the result can (...)
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  25. Instrumental Authority and Its Challenges: The Case of the Laws of War.Jonathan Parry & Daniel Viehoff - 2019 - Ethics 129 (4):548-575.
    Law and Morality at War offers a broadly instrumentalist defense of the authority of the laws of war: these laws serve combatants by helping them come closer to doing what they have independent moral reason to do. We argue that this form of justification sets too low a bar. An authority’s directives are not binding, on instrumental grounds, if the subject could, within certain limits, adopt an alternative, and superior, means of conforming to morality’s demands. It emerges that Haque’s (...)
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  26. (1 other version)Pyrrhonism and the Law of Non-Contradiction.Diego E. Machuca - 2011 - In Pyrrhonism in Ancient, Modern, and Contemporary Philosophy. Springer.
    The question of whether the Pyrrhonist adheres to certain logical principles, criteria of justification, and inference rules is of central importance for the study of Pyrrhonism. Its significance lies in that, whereas the Pyrrhonist describes his philosophical stance and argues against the Dogmatists by means of what may be considered a rational discourse, adherence to any such principles, criteria, and rules does not seem compatible with the radical character of his skepticism. Hence, if the Pyrrhonist does endorse them, one (...)
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  27. It Ain’t Necessarily So: The Misuse of 'Human Nature' in Law and Social Policy and Bankruptcy of the 'Nature-Nurture' Debate.Schwartz Justin - 2012 - Texas Journal of Women and the Law 21:187-239.
    Debate about legal and policy reform has been haunted by a pernicious confusion about human nature, the idea that it is a set of rigid dispositions, today generally conceived as genetic, that is manifested the same way in all circumstances. Opponents of egalitarian alternatives argue that we cannot depart far from the status quo because human nature stands in the way. Advocates of such reforms too often deny the existence of human nature because, sharing this conception, they think it would (...)
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  28. What Else Justification Could Be1.Martin Smith - 2010 - Noûs 44 (1):10-31.
    According to a captivating picture, epistemic justification is essentially a matter of epistemic or evidential likelihood. While certain problems for this view are well known, it is motivated by a very natural thought—if justification can fall short of epistemic certainty, then what else could it possibly be? In this paper I shall develop an alternative way of thinking about epistemic justification. On this conception, the difference between justification and likelihood turns out to be akin to the (...)
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  29. Problem aksjologicznej legitymizacji uniwersalnego systemu ochrony praw człowieka [Problem of Axiological Legitimization of the Universal System of the Protection of Human Rights].Marek Piechowiak - 2015 - In Elżbieta Karska (ed.), Globalne problemy ochrony praw człowieka. Katedra Ochrony Praw Człowieka i Prawa Międzynarodowego UKSW. pp. 86-100.
    Problem of Axiological Legitimization of the Universal System of the Protection of Human Rights Summary In this paper it is argued that legitimization of the universal system of the protection of human rights depends primary not from the content of values recognised as fundamental but rather from metaaxiological solutions related to the way of existence and to the possibility of cognition of these values. Legitimisation is based on the recognition of an objective nature and of cognoscibility of basic values. Realisation (...)
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  30. (1 other version)Problem aksjologicznej legitymizacji uniwersalnego systemu ochrony praw człowieka.Marek Piechowiak - 2015 - In Elżbieta Karska (ed.), Globalne problemy ochrony praw człowieka. Katedra Ochrony Praw Człowieka i Prawa Międzynarodowego UKSW. pp. 86-100.
    Problem of Axiological Legitimization of the Universal System of the Protection of Human Rights Summary In this paper it is argued that legitimization of the universal system (UN-system) of the protection of human rights depends primary not from the content of values recognised as fundamental but rather from metaaxiological solutions related to the way of existence and to the possibility of cognition of these values. Legitimisation is based on the recognition of an objective nature and of cognoscibility of basic values. (...)
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  31.  39
    "A prohibition does not apply to a prohibition": A philosophical inquiry into the nature of halakhic laws.Israel J. Cohen - 2022 - Dine Israel 37:71-107.
    Halakha consists of a variety of laws that determine the halakhic status of various actions. Halakhic laws, by their very nature, have a general aspect in that they apply to all similar actions under similar conditions. In this paper, I examine, from a philosophical-analytical point of view, the relationship between the general aspect of the halakhic laws and the fact that these laws apply to particular actions. After the introduction, this paper is divided into three parts. First, I distinguish between (...)
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  32. The Politics of Virtue in Plato's "Laws".John Melvin Armstrong - 1998 - Dissertation, The University of Arizona
    This dissertation identifies and explains four major contributions of the Laws and related late dialogues to Plato's moral and political philosophy. -/- Chapter 1: I argue that Plato thinks the purpose of laws and other social institutions is the happiness of the city. A happy city is one in which the city's parts, i.e. the citizens, are unified under the rule of intelligence. Unlike the citizens of the Republic, the citizens of the Laws can all share the same true judgments (...)
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  33. Justifications and excuses in epistemology.Daniel Greco - 2019 - Noûs 55 (3):517-537.
    While epistemologists have long debated what it takes for beliefs to be justified, they've devoted much less collective attention to the question of what it takes for beliefs to be excused, and how excuses differ from justifications. This stands in contrast to the state of affairs in legal scholarship, where the contrast between justifications and excuses is a standard topic in introductory criminal law textbooks. My goal in this paper is to extract some lessons from legal theory for epistemologists seeking (...)
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  34. Convergence Justifications Within Political Liberalism: A Defence.Paul Billingham - 2016 - Res Publica 22 (2):135-153.
    According to political liberalism, laws must be justified to all citizens in order to be legitimate. Most political liberals have taken this to mean that laws must be justified by appeal to a specific class of ‘public reasons’, which all citizens can accept. In this paper I defend an alternative, convergence, model of public justification, according to which laws can be justified to different citizens by different reasons, including reasons grounded in their comprehensive doctrines. I consider three objections to (...)
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  35. Convergence liberalism and the problem of disagreement concerning public justification.Paul Billingham - 2017 - Canadian Journal of Philosophy 47 (4):541-564.
    The ‘convergence conception’ of political liberalism has become increasingly popular in recent years. Steven Wall has shown that convergence liberals face a serious dilemma in responding to disagreement about whether laws are publicly justified. What I call the ‘conjunctive approach’ to such disagreement threatens anarchism, while the ‘non-conjunctive’ approach appears to render convergence liberalism internally inconsistent. This paper defends the non-conjunctive approach, which holds that the correct view of public justification should be followed even if some citizens do not (...)
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  36. Justifications, Powers, and Authority.Malcolm Thorburn - 2008 - Yale Law Journal 117:1070.
    Criminal law theory made a significant advance roughly thirty years ago when George Fletcher popularized the important conceptual distinction between justifications and excuses. In the intervening years, however, very little progress has been made in exploring the structure and function of justification defenses. The reason for this failure, I suggest, is a widely shared misconception about their place within the criminal law’s institutional structure. Contrary to what is generally believed, it is not up to trial courts to decide ex (...)
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  37. Law's Meaning.Brian Slattery - 1996 - Osgoode Hall Law Journal 34:553-81.
    It is often thought that the meaning of a legal provision must reside in the minds of its authors or its interpreters, or a combination of the two. Indeed, the point may seem so obvious that it scarcely needs any justification. Is there any sense, then, in the claim sometimes made by judges that a law has a meaning of its own, one that is distinct from the intentions of authors and interpreters alike? At first sight, the claim appears (...)
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  38. 为何关注证立?超国家脉络下的公共权力结构 - Why Justification? The Structure of Public Power in Transnational Contexts.Poul F. Kjaer - 2021 - 清华法治论衡 - Tsinghua Journal of Rule of Law 27:345 - 60.
    近年来, 围绕与各种超国家发展态势相关的正义问题, 学界展开 了热烈的讨论? 在这个特殊的主题上, 除了其他同样引人注目的研 究之外, 持续的争论主要受到分析哲学的启发, 在规范性的研究领域 内进行。本文选择了一条受社会学启发的不同路径, 运用社会理论 和法律理论, 反思为何出现了这种关注证立问题的转向。因此. 本文 聚焦作为社会现象的证立和证立的社会实践, 亦即证立活动的实际 展开, 而不是聚焦诉诸正义理论的哲学推理的逻辑一致性。这当然 不是说, 哲学的推理与理解正义无关, 也当然不是说. 哲学与社会学 两种路径存在根本的矛盾。毋宁说, 本文可以被视为对主要运用哲 学推理方法的既有研究的补充, 可能为超国家脉络下的正义问题和 证立问题提供更扎实的理论反思? .
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  39. (1 other version)Philosophy and International Law: Reflections on Interdisciplinary Research into Terrorism.Anna Goppel & Anne Schwenkenbecher - 2012 - Ancilla Iuris 111.
    This essay investigates the possibilities and limits of interdisciplinary research into terrorism. It is shown that approaches that combine philosophy and international law are necessary, and when such an approach needs to be adopted. However, it is also important not to underestimate how much of a challenge is posed by the absence of agreement concerning the definition of terrorism, and also by the structural differences in the way the two disciplines address the problem and formulate the issues. Not least, the (...)
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  40. Fichte's Deduction of the Moral Law.Owen Ware - 2019 - In Steven Hoeltzel (ed.), The Palgrave Fichte Handbook. Palgrave Macmillan. pp. 239-256.
    It is often assumed that Fichte's aim in Part I of the System of Ethics is to provide a deduction of the moral law, the very thing that Kant – after years of unsuccessful attempts – deemed impossible. On this familiar reading, what Kant eventually viewed as an underivable 'fact' (Factum), the authority of the moral law, is what Fichte traces to its highest ground in what he calls the principle of the 'I'. However, scholars have largely overlooked a passage (...)
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  41. Elementy prawnonaturalne w stosowaniu Konstytucji RP [Natural-Law Elements in Application of the Constitution of the Republic of Poland].Marek Piechowiak - 2009 - Przegląd Sejmowy 17 (5 (94)):71-90.
    Recognizing inherent and inalienable nature of dignity and universality of certain values, the Constitution of the Republic of Poland, introduces to the foundations of Polish legal system some elements of natural law which may be used for application of the Basic Law. Constitutional recognition of these elements only makes sense on the assumption of their cognizability. Therefore, as an important element of constitutional concept of natural law is taken the recognition of the argument of cognitivism according to which moral assessments (...)
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  42. Equality in Global Commerce: Towards a Political Theory of International Economic Law.Oisin Suttle - 2014 - European Journal of International Law 25 (4):1043-1070.
    Notwithstanding International Economic Law’s (IEL’s) inevitable distributional effects, IEL scholarship has had limited engagement with theoretical work on global distributive justice and fairness. In part this reflects the failure of global justice theorists to derive principles that can be readily applied to the concrete problems of IEL. This article bridges this gap, drawing on existing coercion-based accounts of global justice in political theory to propose a novel account of global distributive justice that both resolves problems within the existing theoretical literature (...)
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  43. Analytical jurisprudence and the concept of commercial law.John Linarelli - 2009 - Penn State Law Review 114 (1):119-215.
    Commercial lawyers working across borders know that globalization has changed commercial law. To think of commercial law as only the law of states is to have an inadequate understanding of the norms governing commercial transactions. Some have argued for a transnational conception of commercial law, but their grounds of justification have been unpersuasive, often grounded on claims about the common content among national legal systems. Legal positivism is a rich literature on the concept of a legal system and the (...)
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  44. The Dark Knowledge Problem: Why Public Justifications are Not Arguments.Sean Donahue - 2023 - Journal of Moral Philosophy 21 (3-4):298-332.
    According to the Public Justification Principle, legitimate laws must be justifiable to all reasonable citizens. Proponents of this principle assume that its satisfaction requires speakers to offer justifications that are representable as arguments that feature premises which reasonable listeners would accept. I develop the concept of dark knowledge to show that this assumption is false. Laws are often justified on the basis of premises that many reasonable listeners know, even though they would reject these premises on the basis of (...)
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  45. Negative Freedom or Objective Good: A Recurring Dilemma in the Foundations of Politics.Marek Piechowiak - 2007 - In Halina Taborska & Jan S. Wojciechowski (eds.), Dokąd zmierza Europa – przywództwo – idee – wartości. Where Europe Is Going – Leadership – Ideas – Values. Akademia Humanistyczna im. Aleksandra Gieysztora. pp. 537-544.
    Two competing models of metaaxiological justification of politics are analyzed. Politics is understood broadly, as actions which aim at organizing social life. I will be, first of all, interested in law making activities. When I talk about metaaxiological justification I think not so much about determinations of what is good, but about determinations refering to the way the good is founded, in short: determinations which answer the question why something is good. In the first model, which is described (...)
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  46. Kuznetsov V. From studying theoretical physics to philosophical modeling scientific theories: Under influence of Pavel Kopnin and his school.Volodymyr Kuznetsov - 2017 - ФІЛОСОФСЬКІ ДІАЛОГИ’2016 ІСТОРІЯ ТА СУЧАСНІСТЬ У НАУКОВИХ РОЗМИСЛАХ ІНСТИТУТУ ФІЛОСОФІЇ 11:62-92.
    The paper explicates the stages of the author’s philosophical evolution in the light of Kopnin’s ideas and heritage. Starting from Kopnin’s understanding of dialectical materialism, the author has stated that category transformations of physics has opened from conceptualization of immutability to mutability and then to interaction, evolvement and emergence. He has connected the problem of physical cognition universals with an elaboration of the specific system of tools and methods of identifying, individuating and distinguishing objects from a scientific theory domain. The (...)
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  47.  47
    Précis of “Metaphilosophie als einheitliche Disziplin” (Springer/Metzler, 2023).Michael Lewin - unknown
    The frequent use of the term ‘metaphilosophy’ and the corresponding research in the 1960s may lead to the conclusion that there has been a development of a new discipline, a formation of a new kind of philosophical discourse. Such questions as, “What is philosophy?”, “What kind of questions does philosophy ask?”, “Which methods does it adopt to answer them?” and “Is there progress in philosophy?” are put at the center of attention. They constitute a separate research field. Just as the (...)
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  48. The History of Moral Certainty as the Pre-History of Typicality.Mario Hubert - 2024 - Physics and the Nature of Reality: Essays in Memory of Detlef Dürr.
    This paper investigates the historical origin and ancestors of typicality, which is now a central concept in Boltzmannian Statistical Mechanics and Bohmian Mechanics. Although Ludwig Boltzmann did not use the word typicality, its main idea, namely, that something happens almost always or is valid for almost all cases, plays a crucial role for his explanation of how thermodynamic systems approach equilibrium. At the beginning of the 20th century, the focus on almost always or almost everywhere was fruitful for developing measure (...)
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  49. Lesser-Evil Justifications: A Reply to Frowe.Kerah Gordon-Solmon & Theron Pummer - 2022 - Law and Philosophy 41:639–646.
    Sometimes one can prevent harm only by contravening rights. If the harm one can prevent is great enough, compared to the stringency of the opposing rights, then one has a lesser-evil justification to contravene the rights. Non-consequentialist orthodoxy holds that, most of the time, lesser-evil justifications add to agents’ permissible options without taking any away. Helen Frowe rejects this view. She claims that, almost always, agents must act on their lesser-evil justifications. Our primary task is to refute Frowe’s flagship (...)
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  50. Accounting ensure of business management in the conditions of martial law and Ukraine’s national economic recovery.Maksym Bezpartochnyi - 2023 - Košice: Vysoká škola bezpečnostného manažérstva v Košiciach.
    In this monograph, the authors summarized and supplemented the results of many scientific justifications and developments. Considerable attention is paid to the study of accounting and taxation issues in the context of modern management concepts and risks of martial law in Ukraine.
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