Open Access. Powered by Scholars. Published by Universities.®
- Publication
Articles 1 - 6 of 6
Full-Text Articles in Law
Natural Law Bibliography 1990-2010, Mario Šilar
The Irreduceable Moral Nature Of Human Action, Mario Šilar, José María Torralba
The Irreduceable Moral Nature Of Human Action, Mario Šilar, José María Torralba
Mario Šilar
No abstract provided.
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 …
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.
The Problem Of Moral Dirigisme: A New Argument Against Moralistic Legislation, Mario Rizzo
The Problem Of Moral Dirigisme: A New Argument Against Moralistic Legislation, Mario Rizzo
Mario Rizzo
This Article applies a theory of rational choice to moral decisionmaking. In this theory, agents act primarily on local and personal knowledge to instantiate moral principles, virtues and moral goods. The State may seek to prevent them from acting as they independently determine by prescribing or proscribing certain conduct by formal legal means. If its purpose is to ensure that people act morally or become better persons, we call this “moral dirigisme.” Our thesis is that the need to use decentralized knowledge to determine the moral status of an act makes the task of the moral dirigiste well-neigh impossible. The …