Switch to: References

Add citations

You must login to add citations.
  1. Two Schools of Legal Idealism: A Positivist Introduction.Tony Ward - 2006 - Ratio Juris 19 (2):127-140.
    This article provides a critical introduction to an issue fo Ratio Juris concerend with two contrasting schools of legal idealism: the so-called Sheffield School (Beyleveld, Brownsword and colleagues) and the “discourse ethics” school of Habermas and Alexy. The article focusses on four issues: (1) whether a "claim to correctness" is a necessary feature of law, (2) the connection between correctness and validity, (3) Alexy's argument for a "qualifying connection" between law and morality, and its counterpart in the Sheffield School's approach, (...)
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  • On the relationships between social theory and natural law: lessons from Karl Löwith and Leo Strauss.Daniel Chernilo - 2010 - History of the Human Sciences 23 (5):91-112.
    This article offers a combined reading of Karl Löwith’s and Leo Strauss’s critique of social theory from the point of view of the natural law tradition broadly understood. Within the context of a growing interest in revisiting social theory’s debt to natural law, the piece seeks to unfold the connections between the two traditions without searching to restore any kind of natural law. Rather, it looks at their relationships as one of Aufhebung — the suspension and carrying forward — of (...)
    Direct download  
     
    Export citation  
     
    Bookmark  
    		•
  • Principle, Proceduralism, and Precaution in a Community of Rights.Deryck Beyleveld & Roger Brownsword - 2006 - Ratio Juris 19 (2):141-168.
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark   3 citations  
  • On the concept and the nature of law.Robert Alexy - 2008 - Ratio Juris 21 (3):281-299.
    The central argument of this article turns on the dual‐nature thesis. This thesis sets out the claim that law necessarily comprises both a real or factual dimension and an ideal or critical dimension. The dual‐nature thesis is incompatible with both exclusive legal positivism and inclusive legal positivism. It is also incompatible with variants of non‐positivism according to which legal validity is lost in all cases of moral defect or demerit (exclusive legal non‐positivism) or, alternatively, is affected in no way at (...)
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark   27 citations  
  • Effects of Defects—Action or Argument? Thoughts about Deryck Beyleveld and Roger Brownsword’s Law as a Moral Judgment.Robert Alexy - 2006 - Ratio Juris 19 (2):169-179.
    Two claims lay the foundation for Beyleveld and Brownsword’s legal theory. The first says that immoral laws cannot be law, the second that rights to freedom and welfare can be proven to be logically necessary given merely the phenomenon of agency. The author argues that both claims are too strong. The first is an overidealization of law, which fails to do justice to its double nature as a real as well as an ideal phenomenon. The second must fail, for a (...)
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark   5 citations  
  • A critical view on John Finnis’ subversive jusnaturalism.Miguel Régio Almeida - 2016 - Aufklärung 3 (1):135-144.
    Looking at the always renewed interest on the legitimation of Law theories, I expose part of the thought of whom is considered to be the new Natural Law caput scholae, John Finnis, whose axis lies on Doctor Angelicus postulates. Highlighting themes such as matrimony, homosexuality, bioethics and the resultant limitations of Public Reason, I present some serious doubts about the goodness of such jusnaturalist perspective to the Philosophy of Law.
    No categories
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
    		•