Описание: Robert Alexy develops his influential theory of legal reasoning exploring the nature of legal argumentation and its relation to practical reasoning. In doing so he sheds light on fundamental questions of law and rationality, which are as crucial to practising lawyers and law students as they are to scholars of legal theory.
Автор: Forst Rainer Название: Right to Justification ISBN: 0231147090 ISBN-13(EAN): 9780231147095 Издательство: Wiley Рейтинг: Цена: 4435 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
Contemporary philosophical pluralism recognizes the inevitability and legitimacy of multiple ethical perspectives and values, making it difficult to isolate the higher-order principles on which to base a theory of justice. Rising up to meet this challenge, Rainer Forst, a leading member of the Frankfurt School's newest generation of philosophers, conceives of an "autonomous" construction of justice founded on what he calls the basic moral right to justification.
Forst begins by identifying this right from the perspective of moral philosophy. Then, through an innovative, detailed critical analysis, he ties together the central components of social and political justice--freedom, democracy, equality, and toleration--and joins them to the right to justification. The resulting theory treats "justificatory power" as the central question of justice, and by adopting this approach, Forst argues, we can discursively work out, or "construct," principles of justice, especially with respect to transnational justice and human rights issues.
As he builds his theory, Forst engages with the work of Anglo-American philosophers such as John Rawls, Ronald Dworkin, and Amartya Sen, and critical theorists such as Jurgen Habermas, Nancy Fraser, and Axel Honneth. Straddling multiple subjects, from politics and law to social protest and philosophical conceptions of practical reason, Forst brilliantly gathers contesting claims around a single, elastic theory of justice.
Автор: Timmons Mark, Baiasu Sorin Название: Kant on Practical Justification: Interpretive Essays ISBN: 0195395689 ISBN-13(EAN): 9780195395686 Издательство: Oxford Academ Рейтинг: Цена: 19008 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This volume of new essays provides a comprehensive and structured examination of Kantian accounts of practical justification. This examination serves as a starting point for a focused investigation of the Kantian approach to justification in practical disciplines (ethics, legal and political philosophy or philosophy of religion). The recent growth of literature on this subject is not surprising given that Kant's approach seems so promising: he claims to be able to justify unconditional normative claims without recourse to assumptions, views or doctrines, which are not in their turn justifiable. Within the context of modern pluralism, this is exactly what the field needs: an approach which can demonstrably show why certain normative claims are valid, and why the grounds of these claims are valid in their turn, and why the freedom to question them should not be stifled. Although this has been a growth area in philosophy, no systematic and sustained study of the topic of practical justification in Kantian philosophy has been undertaken so far. With fourteen original chapters and an introduction from leading researchers in the field, this volume addresses this neglected topic. The starting point is the still-dominant view that a successful account of justification of normative claims has to be non-metaphysical. The essays engage with this dominant view and pursue further implications in ethics, legal and political philosophy, as well as philosophy of religion. Throughout the essays, the contributors bring into contact with contemporary debates key interpretive questions about Kant's views on practical justification.
Название: Compromise, Peace and Public Justification ISBN: 3319288768 ISBN-13(EAN): 9783319288765 Издательство: Springer Рейтинг: Цена: 12577 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book explores the morality of compromising. The author argues that peace and public justification are values that provide moral reasons to make compromises in politics, including compromises that establish unjust laws or institutions. He explains how it is possible to have moral reasons to agree to moral compromises and he debates our moral duties and obligations in making such compromises. The book also contains discussions of the sources of the value of public justification, the relation between peace and justice, the nature of modus vivendi arrangements and the connections between compromise, liberal institutions and legitimacy. In exploring the morality of compromising, the book thus provides some outlines for a map of political morality beyond justice.
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