Search Results - "Archiv für Rechts- und Sozialphilosophie"

The Adversary System of Excuse and the Lawyer’s Role: Between Law and Morality by Romeo, Andrea

“…According to the standard view in legal ethics, hyper-zealous advocacy and the principle of non-accountability could be justified by relating to the adversary…”
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The Reasons Account of Free Will: A Libertarian-Compatibilist Hybrid by Nida-Rümelin, Julian

“…Free Will is constituted by a desire to act that is based on practical reasons. Being guided by reasons constitutes (free) human agency. The reasons account,…”
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Beyond Modern International Human Rights: Elements for an Epistemological Criticism of a Reified Brazilian Legal Scholarship by Giannattasio, Arthur Roberto Capella

“…Contemporary international protection of Human Rights is characterized by a domination logic which is a legacy of a Modernity - unity via marginalization,…”
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Intersubjective Constitution of Self-Consciousness? On the Dialectics of Lord and Bondsman in Hegel's Phenomenology of Spirit by Lichtenthäler, Sören

“…The Dialectics of Lord and Bondsman, developed in Hegel's Phenomenology of Spirit, is usually considered to deal with the conflict-laden interaction of two…”
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Capabilities, Political Liberalism and Private Law by Brooks, Thom

“…This article argues political liberalism can and should be revised to improve its relevance to the private law. This approach is not a rejection of political…”
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Aspects of Applying the Law by Braun, Johann

“…The process of applying the law tends to oscillate between two modes: the subsumption under ,,clear" rules on the one hand and the interpretative…”
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On the Intellectual History of an Ahistorical Theory John Rawl's Theory of Justice in the Discursive Context of History by Folkerts, Joshua

“…In 1971 with his book A Theory of Justice John Rawls brought forward an epoch-making work of Political Philosophy. Although it has been received in multiple…”
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What Remains of the Principle of the Legality in International Criminal Law? Considerations on the Relevance of the Radbruch Formular by Muñoz, Nuria Pastor

“…This essay is an attempt to demonstrate, that International Criminal Law flexibilizes substantially the requirements for the recognition of international…”
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The Concept of 'Menschenbilder' A Clarification of some Misunderstandings by Zichy, Michael

“…The term "Menschenbild" (understanding of the human being) plays an important role in German public and academic discourse, including many branches of…”
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Market Economy and Human Rights About the Civilizing Order of Things by Ulrich, Peter

“…The relationship between market economy and human rights has lately become subject of controversial debates concerning international agreements on free trade…”
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Justice by Organizations About the Distinction of Institutions and Organisations by Horster, Detlef

“…In the professional literature of social philosophy, with John Rawls as its most important representative, scholars normally do not distinguish between…”
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The Determination of What is Fair: A Study about the Good Judgement by Hidalgo, Adolfo J. Sánchez

“…This article presents a synthetic and structured view of the determination of law, aligned with the line of thought named methodical realism, which I…”
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The Merits of Law: An Argumentative Framework for Evaluative Judgements and Normative Recommendations in Legal Research by van der Burg, Wibren

“…Is the law good? How can it be improved? These questions are frequently addressed, both in traditional doctrinal research and in interdisciplinary legal…”
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Gerechtigkeit durch Organisationen: Zur Unterscheidung von Institutionen und Organisationen by Horster, Detlef

“…In the professional literature of social philosophy, with John Rawls as its most important representative, scholars normally do not distinguish between…”
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Marktwirtschaft und Menschenrechte: Zur zivilisatorischen Ordnung der Dinge by Ulrich, Peter

“…The relationship between market economy and human rights has lately become subject of controversial debates concerning international agreements on free trade…”
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Was bleibt übrig von dem Gesetzlichkeitsprinzip in dem Völkerstrafrecht?: Zugleich ein Beitrag über die Leistungsfähigkeit der Radbruchschen Formel by Muñoz, Nuria Pastor

“…This essay is an attempt to demonstrate, that International Criminal Law flexibilizes substantially the requirements for the recognition of international…”
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Hannah Arendt: from Property to Capital … and Back? by Ballesteros, Alfonso

“…Scant attention has been paid to the notion of property in Hannah Arendt’s thought, and this paper aims to address this gap. For Arendt, property is the realm…”
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Rule of Law and Judicial Discretion: Their Compatibility and Reciprocal Limitation by Etcheverry, Juan B

“…The aim of this work is to throw some light upon the compatibility between the rule of law desiderata and the phenomenon of judicial discretion. In order to…”
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Fairness in Trade and Protectionist Policies: some Reflections by Loriaux, Sylvie

“…In spite of their divergences, global justice thinkers tend to agree that fairness in international trade requires the removal of trade barriers and hence of…”
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Philosophical Bases for Self-determination in Criminal Law by Magnus, Dorothea

“…Criminal law operates under the assumption that persons have the capacity for free, voluntary choice. However, since the concept of free will and…”
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