12 found

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  1.  11
    Some Remarks About Social Ontology and Law: An Interview with John R. Searle.Angela Condello & John R. Searle - 2017 - Ratio Juris 30 (2):226-231.
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  2.  1
    The “Discourse” of International Law and Humanitarian Intervention.Gustavo Gozzi - 2017 - Ratio Juris 30 (2):186-204.
    This essay analyzes the doctrine of “humanitarian intervention” in the frame of international law in the second half of nineteenth century and identifies the ground of legitimation of this intervention in the violation of presumed universal laws of humanity. The analysis emphasizes the transformation of the paradigm of “humanitarian intervention” into the current doctrine of the “responsibility to protect,” which under the rubric of “responsibility” legitimizes limitations on a state's sovereignty in cases where the state fails to guarantee the protection (...)
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  3. Luck Egalitarianism and the Rights of Immigrants.Nils Holtug - 2017 - Ratio Juris 30 (2):127-143.
    This article considers the implications of luck egalitarianism for a range of issues relating to international, South-North migration. More specifically, the implications of luck egalitarianism for the question of whether receiving societies are justified in extending to immigrants a less comprehensive set of rights than that enjoyed by other members of society are considered. First, are voluntary migrants responsible for their migration in such a way that receiving societies are justified in extending to them a less comprehensive set of rights (...)
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  4.  3
    Legal Power: The Basic Definition.Lars Lindahl & David Reidhav - 2017 - Ratio Juris 30 (2):158-185.
    The concept of legal power is important in the law since, with regard to actions having legal effect, the “exercise of legal power” delimits those actions for which manifestation of intention to achieve a legal effect is essential for the effect to ensue. The paper proposes a definition that captures this feature of legal power and marks it off from “direct effect,” as well as from permissibility and practical ability to achieve the legal effect. This analysis of power is limited (...)
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  5.  1
    Immigration and Equal Ownership of the Earth.Kieran Oberman - 2017 - Ratio Juris 30 (2):144-157.
    A number of philosophers argue that the earth's resources belong to everyone equally. Suppose this is true. Does this entail that people have a right to migrate across borders? This article considers two models of egalitarian ownership and assesses their implications for immigration policy. The first is Equal Division, under which each person is granted an equal share of the value of the earth's natural resources. The second is Common Ownership, under which every person has the right to use the (...)
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  6.  3
    I Should Not Be a Free Rider, nor Am I Obligated to Obey.Luo Yizhong - 2017 - Ratio Juris 30 (2):205-225.
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  7.  2
    Theory of Custom, Dogmatics of Custom, Policy of Custom: On the Threefold Approach of Polish‐Russian Legal Realism.Edoardo Fittipaldi & Elena Timoshina - 2017 - Ratio Juris 30 (1):105-122.
    Proceeding from the insights of Petrażycki, Polish-Russian legal realists distinguished legal theory, legal dogmatics, and legal policy. Legal theory describes legal phenomena in a value-free way and formulates causal laws concerning those phenomena. Legal dogmatics and legal policy are, by contrast, value-laden sciences involving the subject's—i.e., the scientist's—own attitudes toward existing or imagined phenomena: Dogmatics evaluates behaviors based on the subject's adoption of given normative sources as binding, while legal policy evaluates the effects produced by given NSs based on causal (...)
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  8.  3
    From a Pluralism of Grounds to Proto‐Legal Relations: Accounting for the Grounds of Obligations of Justice.George Pavlakos - 2017 - Ratio Juris 30 (1):59-74.
    In this paper I discuss critically Mathias Risse's paper “Responsibility and Global Justice.” First, I argue that for Risse's pluralist account of the grounds of justice to hold together, there is need to presuppose a monist standpoint which ultimately contributes to grounding principles of justice. Second, I point out that Risse's understanding of obligations of accountability and justification is rather narrow in that it functions as an addendum to obligations of justice. Conversely, I will suggest that the obligation of accountability (...)
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  9.  1
    Responsibility and Global Justice.Mathias Risse - 2017 - Ratio Juris 30 (1):41-58.
    The two traditional ways of thinking about justice at the global level either limit the applicability of justice to states—the only distributions that can be just or unjust, strictly speaking, are within the state—or else extend it to all human beings. The view I defend in On Global Justice rejects both of these approaches. Instead, my view, and thus my attempt at meeting the aforementioned challenge, acknowledges the existence of multiple grounds of justice. My purpose here is to explain what (...)
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  10.  3
    Realism About the Nature of Law.Torben Spaak - 2017 - Ratio Juris 30 (1):75-104.
    Legal realism comes in two main versions, namely American legal realism and Scandinavian legal realism. In this article, I shall be concerned with the Scandinavian realists, who were naturalists and non-cognitivists, and who maintained that conceptual analysis is a central task of legal philosophers, and that such analysis must proceed in a naturalist, anti-metaphysical spirit. Specifically, I want to consider the commitment to ontological naturalism and non-cognitivism on the part of the Scandinavians and its implications for their view of the (...)
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  11.  4
    Necessary and Universal Truths About Law?Brian Z. Tamanaha - 2017 - Ratio Juris 30 (1):3-24.
    Prominent analytical jurisprudents assert that a theory of law consists of necessary, universal truths about the nature of law. This often-repeated claim, which has not been systematically established, is critically examined in this essay. I begin with the distinction between natural kinds and social artifacts, drawing on the philosophy of society to show that necessity claims about law require a fundamental reworking of basic understandings of ontology and epistemology, which legal philosophers have not undertaken. I show law is a poor (...)
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  12.  5
    Raz on Rights: Human Rights, Fundamental Rights, and Balancing.Zanghellini Aleardo - 2017 - Ratio Juris 30 (1):25-40.
    After clarifying the outlines of Raz's interest theory of rights and its relationship to aspects of the principles theory of rights, I consider how his recent observations on human rights manage to fit into the interest theory. I then address two questions. First, I elaborate on Raz's definition of morally fundamental rights, arguing that he is right in claiming that there are no such rights. I then show that the interest theory accommodates the notion that rights may take qualitative precedence (...)
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