摘要:

Abstract.The author's thesis is that human rights can be substantiated on the basis of discourse theory. The argument has two steps. The first step is the justification of the rules of discourse. The second step consists in the foundation of human rights.

ISSN:0952-1917    

DOI:10.1111/j.1467-9337.1996.tb00241.x

出版商:Blackwell Publishing Ltd    

年代:1996

数据来源: WILEY

摘要:

Abstract.In the first part of the paper the authors analyze how the distinction between mandatory rules, principles in the strict sense and policies can be understood in structural terms and in terms of reason for action. In the second part, they attempt to clarify which kind of legal provisions embrace constitutional statements recognizing liberty rights are.

ISSN:0952-1917    

DOI:10.1111/j.1467-9337.1996.tb00242.x

出版商:Blackwell Publishing Ltd    

年代:1996

数据来源: WILEY

摘要:

Abstract.Political and juristic enquiry must be conceived of as an action theoretical approach. On the basis of his formal and finalistic action theory as well as his neo‐institutionalist view, the author sketches the role of information in modern democracy. He holds the view that democratic institutions are always in danger of being misused. The complex role of mass media, party propaganda and the detrimental effects of state propaganda are analyzed. The author deals with some general features of information processes in the realm of political practice: Information has to be considered in relation to action; the message by itself does not show whether the information is true; there are two forms of reception of information, active and passive reception. Information processes have a deep influence on personal as well as on political liberty. The intrusion of marketing‐methods of propaganda in political practice is a great danger for democratic life, particularly if realized by the state or central institutions. It can destroy intellectual freedom, which is a prerequisite of discursive democracy. Democracy and human liberty can flourish only in an open soci

ISSN:0952-1917    

DOI:10.1111/j.1467-9337.1996.tb00243.x

出版商:Blackwell Publishing Ltd    

年代:1996

数据来源: WILEY

摘要:

Abstract.This article discusses the role of moral argument in the Constitutional case law of the Irish courts. It looks at the debate on the constitutional morality of sexuality in four major cases: a 1973 case protecting the right to use contraceptives; a 1984 case which upholds discrimination against gay men; a 1987 case limiting access to abortion information; and a 1992 case which finds a limited right to abortion in the Constitution. These cases show the role of the courts in contributing to a debate on political morality, both proposing new visions of political morality, and elaborating on the requirements of the current one.

ISSN:0952-1917    

DOI:10.1111/j.1467-9337.1996.tb00244.x

出版商:Blackwell Publishing Ltd    

年代:1996

数据来源: WILEY

摘要:

Abstract.The dispute between Legal Positivists (eg, Hart) and Natural Lawyers (e.g., Finnis) concerns the existence or otherwise of a necessary (conceptual) connection between law and morality. Legal Positivists such as Hart deny this connection and assert the merely contingent relationship of law and morals. However, it can be demonstrated that implicit in the valid sociological method of concept formation of post‐Austinian Positivists are interpretative or ideal‐typical models of the practical rationality of the legal enterprise which are not, and cannot possibly be, value‐neutral. With particular attention to the work of John Finnis and his incorporation of Weberian and Aristotelian methodological principles, this paper exposes, if not the truth of Natural Law Theory, the impossibility of Legal Posit

ISSN:0952-1917    

DOI:10.1111/j.1467-9337.1996.tb00245.x

出版商:Blackwell Publishing Ltd    

年代:1996

数据来源: WILEY

ISSN:0952-1917    

DOI:10.1111/j.1467-9337.1996.tb00246.x

出版商:Blackwell Publishing Ltd    

年代:1996

数据来源: WILEY

ISSN:0952-1917    

DOI:10.1111/j.1467-9337.1996.tb00247.x

出版商:Blackwell Publishing Ltd    

年代:1996

数据来源: WILEY

ISSN:0952-1917    

DOI:10.1111/j.1467-9337.1996.tb00248.x

出版商:Blackwell Publishing Ltd    

年代:1996

数据来源: WILEY