Year:

  1. Ein Plädoyer für den Rechtsnormen-Konsequentialismus.Vuko Andrić & Martin Kerz - 2014 - Archiv für Rechts- Und Sozialphilosophie 140:87-98.
    How can legal norms be morally evaluated? In this paper we discuss and defend consequentialism about legal norms. According to this doctrine, the legitimacy of legal norms depends entirely on the consequences of the norms’ validity. Consequentialism about legal norms shares the advantages of both act- and rule-consequentialism while avoiding the respective disadvantages. In particular, consequentialism about legal norms has prima-facie plausibility like act-consequentialism and for similar reasons: it qualifies as a version of collective act-consequentialism. At the same time, the (...)
    Translate
     
     
    Export citation  
     
    My bibliography  
  2.  17
    The Circle of Criminal Responsibility. Juridicism in Klaus Günther’s Discourse Theory of Law.Frieder Vogelmann - 2014 - Archiv für Rechts- Und Sozialphilosophie 100 (4):413-428.
    Klaus Günther’s discourse theory of law links the concept of criminal responsibility with the legitimacy of democratic law. Because attributions of criminal responsibility are always aimed at a person, they contain an implicit conception of the person. In a democracy under the rule of law, Günther argues, this conception of a person must be understood, as a “deliberative person”, a free and autonomous person capable of being both the addressee and the author of legal norms. The “deliberative person” is the (...)
    Direct download  
     
    Export citation  
     
    My bibliography  
  3. Aquinas's Lex Iniusta Non Est Lex: A Test of Legal Validity.Andre Campos - 2014 - Archiv für Rechts- Und Sozialphilosophie 100 (3):366-378.
    Legal positivism understands natural law as performing classifying connections between morality and law as tests of legal validity: if a norm with some pretence to legality contradicts a moral good, it cannot be called a legal norm. The new natural law school, however, claims that natural law develops qualifying connections between morality and law: tests of legal validity are performed by non-moral criteria such as due enactment or efficacy, and morality determines not what the law is, but rather which law (...)
     
    Export citation  
     
    My bibliography  
  4. Revolution, Authority and the Institution of Legal Order: Phenomenological Reflections.Luigi Corrias - 2014 - Archiv für Rechts- Und Sozialphilosophie 100 (3):295-307.
    This article discusses the authority problem involved in revolutions and the institution of legal order from a phenomenological perspective. Paradoxically, every new claim to power, every revolutionary beginning, should present itself as coherent with what has already been established as authoritative by law. This authority problem is due to the two-fold challenge revolutions pose: the new order has to both constitute a break with the old order and retain a relationship with it. In order to meet this two-fold challenge, I (...)
    No categories
     
    Export citation  
     
    My bibliography  
  5. The Human Rights After the Spanish Civil War.Adolfo Hidalgo - 2014 - Archiv für Rechts- Und Sozialphilosophie 100 (3):379-395.
    The aim of this study is to characterize the weak discussion about the Human Rights in Franco's time, not in general, but by testing Vallet de Goytisolo's works. This author is deeply influenced by the lectures of M. Villey, Parisinian philosopher well-known by his denial of Human Rights. A comparative study of these authors will be done focusing on two – faced aspects : the strength and fragility of their doctrines.Both authors are defined as supporters of the Methodical Realism, although (...)
    No categories
     
    Export citation  
     
    My bibliography  
  6. Laclau and Mouffe's Theory of Discourse and Hegemony: A Possible Approach to Law and its Integrity?Igor Machado - 2014 - Archiv für Rechts- Und Sozialphilosophie 100 (3):323-335.
    The famous Montesquieu's catachresis wherein judges should be no more than the “mouth that pronounces the words of the law” is actually facing a crisis. I.e. Law has lost its unifying principle, its centre wherein its practices could search for foundation and legitimacy. Therefore, as a decentered reality, I believe Law should get a poststructuralist approach, appropriate for a decentered structure. That is why the aim of my research is to link Law to the poststructuralist theoretical reference of the theory (...)
    No categories
     
    Export citation  
     
    My bibliography  
  7. Twitter's Road to Parliament.Jorge Sala - 2014 - Archiv für Rechts- Und Sozialphilosophie 100 (3):336-346.
    Political representatives with excessive authority and a lack of deliberation and co-legislation with their electors, provoke protests that desire to have influence over the State. Traditional mass media and the Web 1.0 created distance among them because they reduced the electorate to fewer recipients. But the new media from the Web 2.0 pretend to improve old limitations. Likewise, the first supposed we had a democracy and so we searched for information online, on the other hand, the new gives information and (...)
    No categories
     
    Export citation  
     
    My bibliography  
  8. Formale Überlegungen zu Thomas Riehms Kritik an der Gewichtsformel.Georg Söther - 2014 - Archiv für Rechts- Und Sozialphilosophie 100 (3):308-322.
    In his Theory of Constitutional Rights, Robert Alexy assumes that any case of conflicting principles can be solved by rational means through the concept of balancing. The foundation of this concept are the principles of balancing defined by Alexy. He illustrates the process of balancing with the aid of a formula, the so-called weight formula. Using a specifically developed scale, the individual results of the balancing process are converted into figures which will then be inserted into the formula. The numeric (...)
    No categories
    Translate
     
     
    Export citation  
     
    My bibliography  
  9. Der philosophische Neutralitätsbegriff und die Kopftuchdebatte.Alexa Zellentin - 2014 - Archiv für Rechts- Und Sozialphilosophie 100 (3):347-365.
    The paper approaches the question whether teachers should be allowed to wear headscarves by analysing the concept of liberal neutrality. After showing problems with current conceptions of neutrality, it suggests understanding neutrality as a two-fold concept: a) there are matters the state has no business getting involved in if it wants to respect its citizens as free, b) citizens ought to be treated as equals despite their different world views. This two-fold understanding explains why there are neutrality based reasons for (...)
    No categories
    Translate
     
     
    Export citation  
     
    My bibliography  
  10. Climate Change, Justice, and Sustainability: The Right to Freedom, Protection Rights, and Balancing.Felix Ekardt - 2014 - Archiv für Rechts- Und Sozialphilosophie 100 (2):187-200.
    The debate on climate change needs normative visions and principles to provide orientation and to line up normative requirements. This may enable to provide a comprehensive view on energy and climate topics. This contribution, while dealing with justice, gives a perspective from ethics respectively from a interpretation of national constitutions, the EU Charter of fundamental rights and the European convention on human rights in the light of sustainability. It takes us to human rights as the basic norm of any liberal (...)
    No categories
     
    Export citation  
     
    My bibliography  
  11. Dealing with Complexity, Facing Uncertainty: Morality and Ethics in a Complex Society.L. Francot - 2014 - Archiv für Rechts- Und Sozialphilosophie 100 (2):201-218.
    The starting point of my analysis is the complexity of contemporary society. Complexity here refers more in particular to social complexity: the type of complexity that emerges from the relationships between human beings and the myriad of options and possibilities that exist in our society. A systems theoretical account of complexity elicits that this 'social abundance' necessitates selections. One way of enabling selections, and hence the reduction of complexity, is the formulation of norms. The central thesis of this account follows (...)
    No categories
     
    Export citation  
     
    My bibliography  
  12. The Biological Foundations of Global Ethics and Law.Hendrik Gommer - 2014 - Archiv für Rechts- Und Sozialphilosophie 100 (2):151-175.
    This article attempts to translate philosophical notions into biological terms in order to transform dualistic thinking into monistic thinking. What if ethics finds its cause in physical, molecular processes? In Ruling Passions Simon Blackburn acknowledges the biological fact that we are social animals and that we need to coordinate our efforts. Therein lies an opportunity for a fruitful discussion about the biological foundation of ethics. Although Blackburn thinks there cannot be a grand unifying theory or a single driving force that (...)
    No categories
     
    Export citation  
     
    My bibliography  
  13. Normanerkennung, -befolgung und Economic Behavior: Eine Studie zu Verbindlichkeitsstrukturen im Wirtschaftsrecht am Beispiel der Corporate Governance.Brigitte Haar - 2014 - Archiv für Rechts- Und Sozialphilosophie 100 (2):219-242.
    The interdependence between compliance with norms and economic behavior can be highlighted by the effects of corporate governance codes. Their underlying comply or explain mechanism is first compared with the economic theory of corporate law. Diverging empirical studies on the effect of capital market pressure on compliance with codes leave room for different compliance mechanisms, which can be compared with the discussion on corporate social responsibility and its underlying business cases. The emerging common ground between economic motivation and social interests (...)
    No categories
    Translate
     
     
    Export citation  
     
    My bibliography  
  14. Multiple Legitimitäten: Zur Systematik des Legitimitätsbegriffs.Ingmar Ingold & Axel Paul - 2014 - Archiv für Rechts- Und Sozialphilosophie 100 (2):243-262.
    The thesis of the article is that processes of structural political change can be adequately understood only on the basis of a multi-dimensional concept of political legitimacy. It is argued that the most prominent account of the idea, namely Max Weber's typology of legitimate authority, is misleading because of both its incompleteness and its incoherence. Drawing on David Beetham, we instead propose to analytically differentiate between three universal, genetically linked dimensions of legitimacy: a basically pragmatic one, a theoretically re flexive, (...)
    No categories
    Translate
     
     
    Export citation  
     
    My bibliography  
  15.  20
    Responsibility, Order Ethics, and Group Agency.Nikil Mukerji & Christoph Luetge - 2014 - Archiv für Rechts- Und Sozialphilosophie 100 (2):176-186.
    Those who invoke the notion of moral responsibility in ethical discourse seem to be faced with a dilemma. Apparently, they either have to violate the “control principle” which says that nobody can be held responsible for what is beyond one's control. Or they have to concede that in many cases there is a “responsibility void” which means that nobody is responsible. The first option seems unjustifiable. The second renders the concept of moral responsibility useless. This dilemma may be taken to (...)
    Direct download  
     
    Export citation  
     
    My bibliography  
  16. Legitime Besteuerung und kon fiskatorische Expropriation: Zur philosophischen Legitimierbarkeit eines staatlichen Rechtes, auf das Vermögen der Bürger zuzugreifen.Heinz-Gerd Schmitz - 2014 - Archiv für Rechts- Und Sozialphilosophie 100 (2):263-275.
    The paper tries to contribute to the discussion of the following problem: Nearly every government acts as if it has a natural right to collect taxes – if necessary by force. How legitimate is such an act of expropriation? To find an acceptable solution, three different theories of property are discussed – eventually favouring the Kantian approach. Subsequently, possible vindications of taxation are presented: control of conduct, financing public institutions, reduction of social differences. All three justifications turn out to be (...)
    No categories
    Translate
     
     
    Export citation  
     
    My bibliography  
  17. Freedom of Thought in the Age of Neuroscience.Jan Bublitz - 2014 - Archiv für Rechts- Und Sozialphilosophie 100 (1):1-25.
    Freedom of thought is a fundamental human right, enshrined in many human rights treaties. It might very well be the only human right without any practical application. The paper reconstructs scope and meaning of this forgotten right and proposes four principles for its interpretation. In the age of neuroscientific insights and interventions into mind and brain that afford to alter thoughts, the time for the law to de fine freedom of thought in a way that lives up to its theoretical (...)
    No categories
     
    Export citation  
     
    My bibliography  
  18. Souveräne Staatsgewalt nach der Lehre Hermann Hellers und potestas superiorem non recognoscens bei Vitoria und Suárez im Vergleich.Sergio Castaño - 2014 - Archiv für Rechts- Und Sozialphilosophie 100 (1):77-93.
    This article means to show how Aristotelian second scholasticism on the one hand, and Hermann Heller on the other, converge to assert the supremacy of political power, the politicity of positive law, the independence of the political community and its role as a primary subject of international law. These coincidences between the founders of modern international law and the great theoretician of the State become evident not in their respective philosophical premises, but, above all, in their conclusions on the properties (...)
    No categories
    Translate
     
     
    Export citation  
     
    My bibliography  
  19. A Senian Critique Of Transcendental Institutionalism: Beyond Contractarianism?Jesús Conill-Sancho - 2014 - Archiv für Rechts- Und Sozialphilosophie 100 (1):130-137.
    No categories
     
    Export citation  
     
    My bibliography  
  20. Basic Equality as a Post-Revolutionary Requisite: The Circumstances That Are to Be Taken Into Consideration in the Wake of the Arab Spring.Jasper Doomen - 2014 - Archiv für Rechts- Und Sozialphilosophie 100 (1):26-35.
    The task to reshape governments in the countries confronted with the Arab Spring prompts the question whether there are necessary conditions to realize a stable society that simultaneously seeks to eliminate the elements that have led to the uprisings. Acknowledging some constitutional rights seems indispensable in such a process. I argue that such a state of affairs is indeed the case, at least now that the 'old' justifications to differentiate between people do not suffice anymore. That is not to say (...)
    No categories
     
    Export citation  
     
    My bibliography  
  21. Römische Subjekte.Daniel Loick - 2014 - Archiv für Rechts- Und Sozialphilosophie 100 (1):53-76.
    In this paper, I suggest reading the Second Essay of Nietzsche's Genealogy of Morals as a perfectionist critique of Roman law. Roman Law, I argue, relies on the fabrication of a specific subjectivity that structurally undermines the conditions of a good life and thus prevents us from fully exhausting our ethical-aesthetical potential. Citing an important source for Nietzsche's legal thought, legal scholar Albrecht Hermann Post, I reconstruct how Nietzsche conceptualizes the disentanglement of the individual from the 'natural' community, namely as (...)
    No categories
    Translate
     
     
    Export citation  
     
    My bibliography  
  22. Vom,,malum“ zur Rechtsfriedensstörung.Eva Maier - 2014 - Archiv für Rechts- Und Sozialphilosophie 100 (1):36-52.
    This essay is meant to draw the principle outlines of the development of a specific modern issue of penalty. Deriving from an erosion of Augustine's dominating paradigm of retribution as a balance of two equivalent “evils” the legitimation of modern punishment was not sought in ef ficient deterrence only – as utilitarian philosophers suggested. More deeply, a modern justification of punishment was developed within the political philosophy of Kant, Fichte and Hegel by successively unfolding its close relation to the concept (...)
    No categories
    Translate
     
     
    Export citation  
     
    My bibliography  
  23. If Bentham Had Read..José Jiménez Sánchez - 2014 - Archiv für Rechts- Und Sozialphilosophie 100 (1):94-111.
    This text focuses on the grounding of the legal and political structure of the modern state and starts from the Hobbesian conception of power as absolute and unlimited power. For their part, Spinoza and Bentham argue, against Hobbes, for the need to set certain limits to power, although they each based it on radically different grounds. Spinoza's political ontology makes it easy to carry out to the end what was permitted by a factual conception of power, which opens up the (...)
     
    Export citation  
     
    My bibliography  
 Previous issues
  
Next issues