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  1.  6
    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 (...)
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  2.  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 (...)
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    Stuart Toddington (1996). Method, Morality and the Impossibility of Legal Positivism. Ratio Juris 9 (3):283-299.
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  4. Stuart Toddington (2015). Agency, Authority, and the Logic of Mutual Recognition. Ratio Juris 28 (1):89-109.
    The “ Cartesian ” model of the rational subject is central to the political philosophy of Hobbes and Locke and is “transcendentally” affirmed in Kant's account of ethics and legality. An influential body of Hegelian inspired critique has suggested, however, that the dialectical deficiencies of the dominant models of Liberalism in late modernity inhere in this “atomistic” or “self-supporting” characterisation of the individual. The “atomistic” perspective appears as an obstacle not only to the coherent articulation of the compatibility of liberty (...)
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