منابع مشابه
Rationality, Legitimacy, & The Law
American legal realism was committed to examining legal reasoning in terms of the actual experiences of judges. Because the realist project sought to use social science tools to examine human nature, the contemporary rise of cognitive neuroscience provides an occasion for reexamining legal realism’s foundational critique of the law. Realism’s attempt to examine “the actual facts of judicial beh...
متن کامل1 Discretion , Rule of Law , and Rationality
When John Adams crafted wording that the state shall establish "a government of laws and not of men" into the constitution of the Commonwealth of Massachusetts in 1780, he did not specify precisely where, in the real world, the boundaries of law should end and where officials should begin to exercise discretion in interpreting and enforcing the laws. The founding fathers gave us organizing prin...
متن کاملJurisprudence and Rationality
There are different concepts of rationality: specific rationality, normative rationality and instrumental rationality whose limitation covers the holistic rationality and represents the fate of rationality in the West. Thus following Hume reason became the slave of feelings and lost its authority for choosing the goal. In Islamic culture reason with its undeniable background in Shariah enjoy...
متن کاملMorality, Rationality and Impartiality
Morality as somehow involving rationality and impartiality received classic expression in philosophy of Kant who frankly speaks of “rational and impartial spectator” in contemplating the universal law. The overall aim of this paper is to show (1) that the idea of morality implies rationality and this will be reached at in refuting the moral scepticism; but (2) it does not necessarily indicates ...
متن کاملTaking Interdependence And Production More Seriously: Toward Mutual Rationality And A More Useful Law And Economics
ion regarding what became central to economic practices through the legalized definitions of capital and associated property rights in succeeding stages of capitalism: 12 * In merchant capitalism, based on exchange of goods and services, capital was largely tangible (e.g., land, buildings, resources, inventory) and was provided and controlled by individuals or families. * During industrial capi...
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ژورنال
عنوان ژورنال: Annales Universitatis Mariae Curie-Skłodowska, sectio G, (Ius)
سال: 2018
ISSN: 0458-4317
DOI: 10.17951/g.2018.65.2.161-173