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Articles 1 - 5 of 5
Full-Text Articles in Law
Prolegomena To A Process Theory Of Natural Law, Mark C. Modak-Truran
Prolegomena To A Process Theory Of Natural Law, Mark C. Modak-Truran
Mark C Modak-Truran
Two contemporary quandaries in legal theory provide an occasion for a revival of interest in natural law theories of law. First, the debate about legal indeterminacy has made it clear that law cannot function autonomously—as a self-contained set of rules—but requires a normative justification of judges’ decisions in hard cases. In addition, Steven D. Smith has persuasively argued that there is an "ontological gap" between the practice of law, which presupposes a classical or religious ontology, and legal theory, which presupposes a scientific ontology (i.e., scientific materialism) that rejects religious ontology. This article demonstrates how the process philosophy of Alfred …
A Process Theory Of Natural Law And The Rule Of Law In China, Mark C. Modak-Truran
A Process Theory Of Natural Law And The Rule Of Law In China, Mark C. Modak-Truran
Mark C Modak-Truran
The Rule of Law faces critical challenges both at home and abroad. At home, legal indeterminacy and the ontological gap between legal theory and practice defy resolution by contemporary normative theories of law. Legal indeterminacy raises the specter that judicial decisions in hard cases are illegitimate (political not legal) because judges must rely on personal political, moral, or religious beliefs. The “ontological gap” between the practice of law, which presupposes a classical or religious ontology, and legal theory, which presupposes a scientific ontology (i.e., scientific materialism), further reveals the irrelevance of legal theory (including conceptions of the rule of law) …
Political Liberalism And Public Reason, Mario Šilar
Political Liberalism And Public Reason, Mario Šilar
Mario Šilar
The paper explores John Rawls´s idea of public reason, as reflected in Political Liberalism and The Idea of Public Reason Revisited. In Rawls’s later works, public reason acquires fundamental significance as a criterion by which the principles to be assumed from the outset in a theory of political justice may be determined. The starting-point for Rawls´s theory -the idea of citizens as free and equal reveals- that this abstraction falls short of an authentic conception of human beings as social by nature. A brief study of key issues concerning marriage and the family shows the difficulties that underlie this question. …
The Practical Value Of Natural Law Theory In The Work Of St Thomas Aquinas, Mario Šilar
The Practical Value Of Natural Law Theory In The Work Of St Thomas Aquinas, Mario Šilar
Mario Šilar
No abstract provided.
Analytical Thomism: Traditions In Dialogue, Mario Šilar
Analytical Thomism: Traditions In Dialogue, Mario Šilar
Mario Šilar
No abstract provided.