1.  7
    Stuart Toddington (2006). The Moral Truth About Discourse Theory. Ratio Juris 19 (2):217-229.
    The fundamental impulse of Discourse Theory is to eschew the moral substantivism of ethical rationalism in favour of a pragmatic, procedural approach to ethical and legal analysis. However, this paper argues that even if the analysis of Communicative Action as reconstructed by Habermas’s “Universal Pragmatics,” and the implied procedural rules of practical discourse advanced by Robert Alexy are accepted, the validation or “redemption” of all authoritative and distributive claims must, in terms of logical priority, encounter the substantively general necessity of (...)
    Direct download (7 more)  
    Export citation  
    My bibliography   1 citation  
  2.  9
    Stuart Toddington (1996). Method, Morality and the Impossibility of Legal Positivism. Ratio Juris 9 (3):283-299.
    Direct download (5 more)  
    Export citation  
    My bibliography  
  3.  7
    Henrik Palmer Olsen & Stuart Toddington (1999). Legal Idealism and the Autonomy of Law. Ratio Juris 12 (3):286-310.
    Since Herbert Hart’s “fresh start” encouraged us to interpret legal and political phenomena from an “internal point of view,” and Lon Fuller pointed out the severe constraints upon a conceptually viable construction of this view, jurisprudence has had little choice but to become, methodologically speaking, genuinely and critically sociological. By this, we mean that in breaking with the common-sensical half-truths which produced the imperative or command theory of law, the conceptual problem of modelling the practical rationale of the legal enterprise (...)
    Direct download (6 more)  
    Export citation  
    My bibliography  
  4. Nothing found.