This book, which consist of three chapters and two appendices, is intended to connect subjects that have usually been considered as detached or not strongly connected: constitutionalism, legal argumen- tion and legal ethics. Its main contention is that contemporary consti- tionalism pushes towards a new style of legal reasoning, which needs to take into account moral criteria and principles and that eventually the interpretative and moralist approach will lead to a somewhat unort- dox and less authoritarian concept of law. A constitution to be taken seriously and as a distinct and superior...
This book, which consist of three chapters and two appendices, is intended to connect subjects that have usually been considered as detached or not st...
Authors Costa and Zolo share the conviction that a proper understanding of the rule of law today requires reference to a global problematic horizon. This book offers some relevant guides for orienting the reader through a political and legal debate where the rule of law (and the doctrine of human rights) is a concept both controversial and significant at the national and international levels.
Authors Costa and Zolo share the conviction that a proper understanding of the rule of law today requires reference to a global problematic horizon...
This book examines the distinction between principles and rules so that they can be better understood and applied. It structures the distinction between principles and rules on different foundations than those jurisprudence ordinarily employs. It also proposes a new model to explain the normative species, which includes structured weighing on the application process while encompassing substantive criteria of justice in its argument.
This book examines the distinction between principles and rules so that they can be better understood and applied. It structures the distinction be...
Jurisprudence, according to Cassirer, is not merely the systematic, conceptual pursuance of ethics. They are separate domains for Cassirer, and both direct their claims differently on the individual. Whereas ethics concerns the motives of the individual, law ultimately achieves a cosmos for our world of outward actions. However, they are not separated by a neutral line or a vacuum. For law to have effect as a symbolic form it is necessary that it reflects the law in the mind of people i.e., that one could and ought to have assented to it out of ethical principles and maxims. The conceptual...
Jurisprudence, according to Cassirer, is not merely the systematic, conceptual pursuance of ethics. They are separate domains for Cassirer, and bot...
1 PURPOSE AND TOPIC We live in the age of treaties. Increasingly, bilateral and multilateral written agreements are used for the creation of new international legal standards. For political reasons, states are decreasingly less willing to rely upon customary international law for the regulation of legal matters. New technology and growing international exchange have established the need for an ever more precise and flexible international law a need not satisfactorily met by customary law. In many fields of activity, we can seriously question whether the creation of a rule of custom is at all...
1 PURPOSE AND TOPIC We live in the age of treaties. Increasingly, bilateral and multilateral written agreements are used for the creation of new inter...
This book - which is the result of several years of research, discussion, writing and re-writing - consists of three parts and eight chapters. The rst part is given by the two rst chapters introducing the issue of validity and facticity in law. The second part (Chapters 3, 4 and 5) is the core of this study and tries to present a theory based on a speci c view about language and social practice. The third part deal with the issue of value judgments and views about morality and consists of Chapters 6 and 7. Chapter 8 should nally serve as epilogue. In the rst chapter a discussion is started...
This book - which is the result of several years of research, discussion, writing and re-writing - consists of three parts and eight chapters. The rst...
The Royal Institute of Philosophy has been sponsoring conferences in alternate years since 1969. These have from the start been intended to be of interest to persons who are not philosophers by profession. They have mainly focused on interdisciplinary areas such as the philosophies of psychology, education and the social sciences. The volumes arising from these conferences have included discussions between philosophers and distinguished practitioners of other disciplines relevant to the chosen topic. Beginning with the 1979 conference on 'Law, Morality and Rights' and the 1981 conference on...
The Royal Institute of Philosophy has been sponsoring conferences in alternate years since 1969. These have from the start been intended to be of inte...
It was a general feeling among those who attended the NATO / ARW meeting on the Galaxy Distances and Deviations from Universal Expansion, that during the week in Hawaii a milestone had been passed in work on the distance scale. While not until the last minute did most of the participants know who else would be attending, no one was displeased with the showing. As it turned out, scarcely a single active worker in the field of the distance scale missed the event. Few knew all of the outstanding work that was to be revealed, and/or the long-term programs that were to be encapsulated in the first...
It was a general feeling among those who attended the NATO / ARW meeting on the Galaxy Distances and Deviations from Universal Expansion, that during ...
