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. According to this reading, the value of the kelsenian explanation of the normativity of law lies on its connection to Kelsen´s political philosophy. This tenet is based on the idea that the pure theory fails ... failure, its value can only be appreciated if the theory is linked with Kelsen’s political philosophy; and (3), consequently, it must resign to its scientific aspiration and to its purity postulate. I will
This paper deals with the contributions of the Supreme Court to the democratization of the Mexican political system in the years between 1995 and 2011. It presents the results of a broad research in ... . Although judicial politics has emphasized the role of the judiciary within the political systems, I am interested in studying whether or not the Mexican Supreme Court has contributed to democratic transition
This work was conceived as a tribute to Rolando Tamayo y Salmorán and examines some of his main contributions to legal philosophy. With this in mind, the text begins with an overview of the state of ... -American Philosophy of Law in the Twentieth Century (Kunz, 1950). El manuscrito es un gran retrato de la inquietud intelectual que abundaba de manera generalizada en la región; un entusiasmo que en buena
analysis, and ii) positions that pursue an interdisciplinary approach, which entails the incorporation of new methods. Point ii) encompasses the so-called naturalized legal philosophy proposed by Leiter ... of this paper is to clarify conceptual aspects of Brian Leiter’s proposal of a naturalized legal philosophy, as well as to analyze the possible advantages and problems that may arise from its
On the one hand, the assumption of every moral and legal system is that man desires his own good and that truth is a good desired by himself. On the other hand, it is known that political lies play ... consequent social participation of citizens is essential to any democracy. First, the justification of the lie will be exposed in three great thinkers of Western philosophy (Plato, Machiavelli and Weber
thought will also be discussed: first, the importance of his doctoral thesis in his legal philosophy as a whole and second, the context of intellectual production in Argentine legal philosophy during the ... last quarter of 20th Century. A proper understanding of these three aspects (the ideas in the work, author’s legal philosophy and its intellectual context) will emerge from an appropriate and relevant
In this paper the author addresses Ronald Dworkin's work and assesses his legacy to legal, moral and political philosophy. And so, considers among its merits having developed an original legal theory ... general theory of law will have many connections with other departments of philosophy. The normative theory will be embedded in a more general political and moral philosophy which may in turn depend upon
In this paper the author addresses Ronald Dworkin's work and assesses his legacy to legal, moral and political philosophy. And so, considers among its merits having developed an original legal theory ... general theory of law will have many connections with other departments of philosophy. The normative theory will be embedded in a more general political and moral philosophy which may in turn depend upon
philosophers abandon descriptivism in favor of a view that more explicitly sees legal philosophy as part of normative political philosophy.Keywords : Legal Theory; Jurisprudential Disagreements; Descriptivism ... Disagreements, Descriptivism, Normative Political Philosophy, Legal Methodology. Resumen Muchos filósofos del derecho contemporáneos afirman que la filosofía jurídica general es "descriptiva". En este
Moral Combat by Heidi Hurd can be understood as an attempt to provide a moral justification for political authority in contrast to the various contemporary theories that are restricted to developing ... to give and execute such laws. The main challenge or principal question of political philosophy, of which the philosophy of law appears to be a branch, consists of justifying political authority and
philosophers abandon descriptivism in favor of a view that more explicitly sees legal philosophy as part of normative political philosophy. ... Disagreements, Descriptivism, Normative Political Philosophy, Legal Methodology. Resumen Muchos filósofos del derecho contemporáneos afirman que la filosofía jurídica general es "descriptiva". En este
philosophers abandon descriptivism in favor of a view that more explicitly sees legal philosophy as part of normative political philosophy. ... Disagreements, Descriptivism, Normative Political Philosophy, Legal Methodology. Resumen Muchos filósofos del derecho contemporáneos afirman que la filosofía jurídica general es "descriptiva". En este
economic inequality within the USA 3 I call this the large political theory tradition in western analytical philosophy informed by the work and assumptions of John Rawls. 263 impact of this kind of ... recognize that, at the core of a TDJ, there is an important assumption that is at the core of the domestic/global dichotomy in political philosophy. This is what I call the Closedness assumption and in the
political and legal discourse in Cuba during the second half of the 19th century, and the definition of particular issues relevant to legal philosophy. Within this analysis, there is a special place for the ... . Keywords: Legal Philosophy; Natural Law Theory; Political Culture; Reception of Law; José Martí; Cuba Sumario: Introducción. El iusfilosofar latinoamericano. El iusnaturalismo
In this essay I argue a particular legal philosophy is committed to a partial and closed view of how philosophical work is conceived. This view produces a legal philosophy that lacks the ability to ... political philosophy, and so on). This isolation ends up generating partial and distorted images of law, showing it as something apart from achievements made in other areas, in particular relevant practices
In this essay I argue a particular legal philosophy is committed to a partial and closed view of how philosophical work is conceived. This view produces a legal philosophy that lacks the ability to ... political philosophy, and so on). This isolation ends up generating partial and distorted images of law, showing it as something apart from achievements made in other areas, in particular relevant practices
In this essay I argue a particular legal philosophy is committed to a partial and closed view of how philosophical work is conceived. This view produces a legal philosophy that lacks the ability to ... political philosophy, and so on). This isolation ends up generating partial and distorted images of law, showing it as something apart from achievements made in other areas, in particular relevant practices
important issue.Keywords : Democracy; Majority Rule; Popular Sovereigntiy; Legitimacy; Political Philosophy; Rousseau; Jean Jacques. ... . [ Links ] Rawls, John, A Theory of Justice, Cambridge, Harvard University Press, 1999. [ Links ] Rawls, John, Lectures on the History of Political Philosophy, in Freeman, Samuel (ed.), Cambridge
important issue.Palavras-chave : Democracy; Majority Rule; Popular Sovereigntiy; Legitimacy; Political Philosophy; Rousseau; Jean Jacques. ... . [ Links ] Rawls, John, A Theory of Justice, Cambridge, Harvard University Press, 1999. [ Links ] Rawls, John, Lectures on the History of Political Philosophy, in Freeman, Samuel (ed.), Cambridge
uncertainty. However, given their historical circumstances, each political thinker conceived uncertainty differently, which ultimately has consequences for the way in which institutions distribute political ... ] Peters, Guy B., Institutional Theory in Political Science. The New Institutionalism, Londres-Nueva York, Pinter, 1999. [ Links ] Rawls, John, Lectures on the History of Political Philosophy, Harvard
