摘要:

Abstract.The dialogue focusses on the distinctions and connections between law and morality. Morality is seen as axiological in character, whereas law is deontological. The possibility of a conceptual tie between goodness (axiology) and duty (deontology) is firmly disputed. Habermas's discursive foundation of ethics is criticized because it seems to confer on moral principles the status ofa priorisynthetic truths. Every moral idea has a cultural relativity which is not taken into account by Habermasian dialogue ethics. The moral and the legal points of view are kept separate: A law which does not satisfy the requirements of a “minimum content” of natural law is not said to be “law,” but simply falling short of moral criteria. The possibility of introducing rational guarantees into moral discourse is not denied, but doubt remains as to whether there are “right answers” to mora

ISSN:0952-1917    

DOI:10.1111/j.1467-9337.1990.tb00065.x

出版商:Blackwell Publishing Ltd    

年代:1990

数据来源: WILEY

摘要:

Abstract.The rule of law should be understood as part of the culture of democracy which requires a distribution of power between a periodically elected legislature and executive and an independent, but publicly accountable, judiciary in charge of a more slowly changing legal doctrine. The rule of law is also essential for the protection of individuals in fast changing pluralistic societies. In both its aspects the doctrine is a product of a particular historical culture, and requires a culture of legality, and not merely the introduction of a few legal rules, for its proper functioning.

ISSN:0952-1917    

DOI:10.1111/j.1467-9337.1990.tb00066.x

出版商:Blackwell Publishing Ltd    

年代:1990

数据来源: WILEY

摘要:

Abstract.Two deficiencies characterize the vast critical literature that has accumulated around Dworkin's theory of law. On the one hand, the main lines of the debate tend to get lost in the crossfire of objections by critics and rejoinders by Dworkin — with little dialogue between the critics, or any systematic interrelation or resolution of these largely isolated disputes. On the other hand, such arguments on various points of Dworkin's Jurisprudence tend to neglect or obscure underlying issues in philosophical ethics. The present essay is a critical analysis addressing each of these deficiencies in an attempt both to clarify and to advance the debate. The analysis hinges on three basic propositions: (1) that this debate in Jurisprudence has overlooked relevant issues about the nature of moral values; (2) that theories of law, in general, are best assessed in terms of separate descriptive and normative issues, corresponding to a fact/value distinction in ethics; and (3) that the debate on Dworkinian rights has assumed a confused and historically superficial contrast with the utilitarian tradition, in ethical theory as well as in philosophy of la

ISSN:0952-1917    

DOI:10.1111/j.1467-9337.1990.tb00067.x

出版商:Blackwell Publishing Ltd    

年代:1990

数据来源: WILEY

摘要:

Abstract.This article attempts to demonstrate, via the famous Hart‐Dworkin debate on the nature and functions of judicial discretion, that substantial jurisprudential disputes as well as theories can, and do, arise from misconceived critiques, whether intended or otherwise. It also seeks to show that, whilst Dworkin's initial critique of Hart was misconceived, his theory of adjudication that arose as a result of responses to his initial views is a positive contribution to learning, although 1 argue that Dworkin's views are not, in the final analysis, sufficiently persuasive to constitute a radical departure from Hart's own view

ISSN:0952-1917    

DOI:10.1111/j.1467-9337.1990.tb00068.x

出版商:Blackwell Publishing Ltd    

年代:1990

数据来源: WILEY

ISSN:0952-1917    

DOI:10.1111/j.1467-9337.1990.tb00069.x

出版商:Blackwell Publishing Ltd    

年代:1990

数据来源: WILEY

ISSN:0952-1917    

DOI:10.1111/j.1467-9337.1990.tb00070.x

出版商:Blackwell Publishing Ltd    

年代:1990

数据来源: WILEY

ISSN:0952-1917    

DOI:10.1111/j.1467-9337.1990.tb00071.x

出版商:Blackwell Publishing Ltd    

年代:1990

数据来源: WILEY

ISSN:0952-1917    

DOI:10.1111/j.1467-9337.1990.tb00072.x

出版商:Blackwell Publishing Ltd    

年代:1990

数据来源: WILEY