34 found
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  1.  31
    Giving Desert its Due: Social Justice and Legal Theory.Wojciech Sadurski - 1985 - D. Reidel Publishing Company.
    During the last half of the twentieth century, legal philosophy (or legal theory or jurisprudence) has grown significantly. It is no longer the domain of a few isolated scholars in law and philosophy. Hundreds of scholars from diverse fields attend international meetings on the subject. In some universities, large lecture courses of five hundred students or more study it. The primary aim of the Law and Philosophy Library is to present some of the best original work on legal philosophy from (...)
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  2.  50
    Distributive justice and the theory of punishment.Wojciech Sadurski - 1985 - Oxford Journal of Legal Studies 5 (1):47-59.
  3.  39
    Freedom of Speech and Its Limits.Wojciech Sadurski - 1999 - Springer Verlag.
    In authoritarian states, the discourse on freedom of speech, conducted by those opposed to non-democratic governments, focuses on the core aspects of this freedom: on a right to criticize the government, a right to advocate theories arid ideologies contrary to government-imposed orthodoxy, a right to demand institutional reforms, changes in politics, resignation of the incompetent and the corrupt from positions of authority. The claims for freedom of speech focus on those exercises of freedom that are most fundamental and most beneficial (...)
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  4.  1
    Rights Before Courts: A Study of Constitutional Courts in Postcommunist States of Central and Eastern Europe.Wojciech Sadurski - 2014 - Dordrecht: Imprint: Springer.
    This is a completely revised and updated second edition of Rights Before Courts (2005, paper edition 2008). This book carefully examines the most recent wave of the emergence and case law of activist constitutional courts: those that were set up after the fall of communism in Central and Eastern Europe. In contrast to most other analysts and scholars, the study does not take for granted that they are a "force for good" but rather subjects them to critical scrutiny against a (...)
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  5.  59
    Legitimacy, political equality, and majority rule.Wojciech Sadurski - 2008 - Ratio Juris 21 (1):39-65.
    This paper claims that the intuitive and widespread legitimating power of majority rule (MR) arises from the link between majority rule and the principle of equality of political opportunity. The egalitarian character of MR is established by exploring “puzzles” in democratic theory, such as the insensitivity of democratic voting procedures to unequal intensity of citizens' preferences, and the relationship between the principle of unanimity (sometimes thought better to respect citizens' equality) and MR. Special attention is directed to the relationship between (...)
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  6.  12
    Legitimacy: The State and Beyond.Wojciech Sadurski, Michael Sevel & Kevin Walton (eds.) - 2019 - Oxford University Press.
    Traditionally, political legitimacy has been associated exclusively with states. But are states actually legitimate? And why should discussions of legitimacy focus only on the nation-state? This volume explores how legitimacy is intertwined with notions of statehood and how it reaches beyond the state into supranational institutions.
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  7.  1
    Moral Pluralism and Legal Neutrality.Wojciech Sadurski - 1989 - Springer Verlag.
    lt is a commonplace that law and morality intersect and interpenetrate in all the areas of legal decision-making; that in order to make sense of constitutional, statutory or common-law questions, judges and other legal decision-makers must first resolve certain philosophical issues which include moral judgments of right and wrang_ This is particularly evident with regard to constitutional interpretation, especially when constitutions give a mandate for the protection of the substantive norms and values entrenched as constitutional rights. In these Situations, as (...)
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  8.  26
    Equality and legitimacy.Wojciech Sadurski - 2008 - New York: Oxford University Press.
    This book examines the relationship between the idea of legitimacy of law in a democratic system and equality, conceived in a tripartite sense: political, legal, and social. Exploring the constituent elements of the legal philosophy underlying concepts of legitimacy, this book seeks to demonstrate how a conception of democratic legitimacy is necessary for understanding and reconciling equality and political legitimacy by tracing and examining the conceptions of equality in political, legal, and social dimensions. -/- In the sphere of political equality (...)
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  9.  34
    Natural and social lottery, and concepts of the self.Wojciech Sadurski - 1990 - Law and Philosophy 9 (2):157 - 175.
  10. Social justice and legal justice.Wojciech Sadurski - 1984 - Law and Philosophy 3 (3):329 - 354.
    The main aim of this paper is to challenge the validity of the distinction between legal justice and social justice. It is argued that what we usually call legal justice is either an application of the more fundamental notion of social justice to legal rules and decisions or is not a matter of justice at all. In other words, the only correct uses of the notion of legal justice are derivative from the notion of social justice and, hence, the alleged (...)
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  11.  44
    Theory of punishment, social justice, and liberal neutrality.Wojciech Sadurski - 1988 - Law and Philosophy 7 (3):351 - 373.
  12.  36
    Law's Legitimacy and 'Democracy-Plus'.Wojciech Sadurski - 2006 - Oxford Journal of Legal Studies 26 (2):377-409.
    Is it the case that the law, in order to be fully legitimate, must not only be adopted in a procedurally correct way but must also comply with certain substantive values? In the first part of the article I prepare the ground for the discussion of legitimacy of democratic laws by considering the relationship between law’s legitimacy, its justification and the obligation to obey the law. If legitimacy of law is seen as based on the law being justified (as in (...)
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  13.  28
    Reason of State and Public Reason.Wojciech Sadurski - 2014 - Ratio Juris 27 (1):21-46.
    Abstract“Reason of state” is a concept that is rarely used in contemporary legal and political philosophy, compared to everyday parlance; “public reason,” in contrast, is ubiquitous, especially in liberal philosophy, as a legitimacy‐conferring device. In this article it is argued that the unpopularity of the notion of “reason of state” is partly due to its notorious ambiguity. Three different usages of the notion can be identified: a “thin” usage (where “reason of state” is equivalent to the common good); an “ironical” (...)
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  14.  28
    Freedom of Communication.Tom Campbell & Wojciech Sadurski - 1994 - Dartmouth Publishing Company.
    Freedom of speech and of the press have long been central rights within democratic polities, but there is little agreement as to their content, scope or justification. These essays take up fundamental issues concerning freedom of communication in general, and some controversial areas as well.
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  15.  5
    Public Reason and Courts.Silje Langvatn, Wojciech Sadurski & Mattias Kumm (eds.) - 2020 - Cambridge University Press.
    A comprehensive study of public reason for courts, with contributions from leading scholars in philosophy, political science and law.
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  16.  26
    Contractarianism and intuition (on the role of social contract arguments in theories of social justice).Wojciech Sadurski - 1983 - Australasian Journal of Philosophy 61 (3):231 – 247.
    (1983). Contractarianism and intuition (On the role of social contract arguments in theories of social justice) Australasian Journal of Philosophy: Vol. 61, No. 3, pp. 231-247.
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  17.  2
    Constitutional Theory.Wojciech Sadurski - 2005 - Ashgate Publishing.
    In this volume, key contributors consider various elements of constitutional theory, creating a work of immense interest to legal scholars and political scientists alike.
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  18.  5
    Ethical Dimensions of Legal Theory.Wojciech Sadurski (ed.) - 1991 - Rodopi.
    Discusses the origin of Sikhism as an attempt to reconcile the beliefs of Muslims and Hindus, the conflicts it has faced over the centuries, and recent developments.
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  19.  9
    I. To Each According to His (Genuine?) Needs.Wojciech Sadurski - 1983 - Political Theory 11 (3):419-431.
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  20.  3
    Justice.Wojciech Sadurski - 2001 - Routledge.
    This title was first published in 2001. A collection of some of the most significant and influential articles on the theory of justice written from the perspectives of legal theory, ethics, political philosophy and political theory.
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  21. Konstytucyjna kwadratura koła? Przyczynek do teorii liberalnego konstytucjonalizmu.Wojciech Sadurski - 1997 - Civitas 1 (1):37-70.
     
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  22.  12
    Public Reason in the Universe of Reasons.Wojciech Sadurski - 2019 - Jus Cogens 1 (1):41-58.
    In this article, I examine the ways in which “Public Reason” (or public reasons, in plural) can be said to resonate with some types of reasons as presented and defended in contemporary legal theory. I begin by identifying the concept of Public Reason within the context of a discussion sparked by the between “internal” and “external” reasons, which was made famous by Bernard Williams. I will then compare this interpretation of Public Reason with Joseph Raz’s celebrated concept of exclusionary reasons. (...)
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  23.  20
    Rights and moral reasoning: An unstated assumption.Wojciech Sadurski - manuscript
    Both the defenders and critics of judicial review assume tacitly that there is a special moral capacity needed for a correct articulation of constitutional (explicit or implied) rights, and they only disagree about who is likely to possess this moral capacity to a higher degree. In this working paper I challenge this unstated assumption. It is not the case that the reasoning oriented towards rights articulation is more moral than many non-rights-oriented authoritative public decisions in the society. Further, I suggest (...)
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  24. System demokracji politycznej a wolność środków masowego przekazu.Wojciech Sadurski - 1993 - Ethos: Journal of the Society for Psychological Anthropology 24.
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  25. Spór o ostatnie słowo: sądownictwo konstytucyjne a demokracja przedstawicielska.Wojciech Sadurski - 1998 - Civitas 2 (2):81-100.
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  26.  41
    To each according to his (genuine?) Needs.Wojciech Sadurski - 1983 - Political Theory 11 (3):419-431.
  27. "The Last Thing He Wanted" Realism and Utopia In: The Law of Peoples by John Rawls.Wojciech Sadurski - 2003 - European University Institute.
     
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  28.  46
    The right, the good and the jurisprude.Wojciech Sadurski - 1988 - Law and Philosophy 7 (1):35 - 66.
    Legal philosophy must be based on a set of substantive political values about such fundamental matters as the nature of the political community and the meaning of human freedom. This general thesis is illustrated by the analysis of moral discourse about the justification and limits of liberty-rights and equality-rights.The most effective way of arguing about the liberal conception of individual liberties (consistent with the Millian Harm Principle) is by recourse to the priority of the right over the good. But this (...)
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  29.  2
    Teoria sprawiedliwości: podstawowe zagadnienia.Wojciech Sadurski - 1988
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  30. Zagadka tolerancji [The Puzzle of Tolerance].Wojciech Sadurski - forthcoming - Res Publica.
  31.  22
    Harman's Defence of Moral Relativism.Wojciech Sadurski - 1989 - Philosophical Investigations 12 (1):33-51.
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  32.  22
    Book review. [REVIEW]Wojciech Sadurski - 1987 - Law and Philosophy 6 (2):221-234.
  33.  14
    Review: "When Ideals Clash": Smith, Calabresi, and the Priority of the Right over the Good. [REVIEW]Wojciech Sadurski - 1987 - Law and Philosophy 6 (2):259 - 280.
    An important feature of some recent jurisprudential writings is the tendency to reject the precept of liberal individualism which affirms the priority of the principles of the "right conduct" over the substantive conceptions of "the good". This rejection, explicit in a recent book by Rogers M. Smith, and implicit in a recent work by Guido Calabresi, leads to strikingly illiberal consequences; hence, this provides indirect confirmation that the priority of the right over the good constitutes the most reliable defense of (...)
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  34.  32
    Book Review:Critical Legal Studies: A Liberal Critique. Andrew Altman. [REVIEW]Wojciech Sadurski - 1991 - Ethics 101 (4):885-.