Norm und Wahrheit

2014 ◽  
Vol 2014 (2) ◽  
pp. 235-246
Author(s):  
Andreas Langenohl
Keyword(s):  
Natural Law ◽  
Point Of View ◽  
Empirical Observation ◽  
Validity Claim ◽  
Reality Construction ◽  
Validity Claims ◽  
Truth Claims ◽  
Moral Nature ◽  
Normative Validity

The article approaches »truth« from a situational point of view, arguing that truth claims are characterized by a certain type of validity claim that is in the last instance of a moral nature. In scenes of truth, a normative type of validity claim, which in Durkheim’s sense refers to the maintenance of a norm even when it is trespassed by an individual, is suspended. As a consequence, scenes of truth cannot tolerate the mismatch between reality construction and empirical observation that is characteristic of normative validity claims. Instead, they tend to eliminate any distance between construction and observation, radicalizing the norm to a quasi-natural law with a moral inflection.

scholarly journals On natural law as a possible normative reference point in legislative processes

2020 ◽  
pp. 13-24
Author(s):  
Bogdan Szlachta
Keyword(s):  
Classical Theory ◽  
Natural Law ◽  
Catholic Church ◽  
Reference Point ◽  
Point Of View ◽  
Legislative Processes ◽  
Modern Era ◽  
The Catholic Church

In the modern era, the only indicator of the validity of law is that it is passed by the authorities in accordance with procedures. Has the classical theory of natural law ceased to matter? The author, referring to contemporary statements of popes and documents of the Catholic Church, analyses what significance natural law has today from a normative point of view and why it is particularly important in the present-day world, as well as in a multicultural world.

Իրավունքի և օրենքի կոլիզիաները իրավունքի փիլիսոփայությունում

2021 ◽  
pp. 64-85
Author(s):  
Artur Ghambaryan
Keyword(s):  
Law Enforcement ◽  
Natural Law ◽  
Point Of View ◽  
The Other ◽  
Scientific Methods ◽  
Legislative Policy ◽  
The Law ◽  
Law And Justice ◽  
The One ◽  
Legal Understanding

The aim of the article is to reveal the collisional relationship between justice and the law in the philosophical dimension. The main objectives of the article are to analyze the contradictions between law from the point of view of broad legal understanding, as well as the answer to the question of how law enforcement agent should act if, in solving a specific case, an outrageous contradiction between law and justice is encountered. The author used a number of scientific methods, in particular, historical-legal-comparative methods. The author concludes that supporters of a broad legal understanding consider the issue of contradiction between law mainly from the point of view of legislative policy, however, they do not discuss the issue of how the law enforcement agent should act when an obvious contradiction between law is encountered in a particular case. In the article the sayings «dura lex sed lex» (The law [is] harsh, but [it is] the law) and «lex iniusta non est lex» (An unjust law is no law at all) are considered in the dimensions of the legalism and natural law. The author concludes that the Radbruch formula is an exception to the saying «dura lex sed lex» (The law [is] harsh, but [it is] the law), which has undergone practical approbation. On the one hand, this resolution values the certainty and stability of the law, and on the other hand, it protects the person (society) from the unjustly shouting unjust laws.

Restoring Catharine Macaulay’s Enlightenment Republicanism?

2021 ◽  
Vol 31 (3) ◽  
pp. 39-57
Author(s):  
Karen Green ◽  
Keyword(s):  
Political Philosophy ◽  
Political Theory ◽  
Natural Law ◽  
Liberal Democracy ◽  
Tragedy Of The Commons ◽  
Political Authority ◽  
Point Of View ◽  
Moral Law ◽  
Moral Principles ◽  
The Commons

Can Catharine Macaulay’s enlightenment democratic republicanism be justified from the point of view of contemporary naturalism? Naturalist accounts of political authority tend to be realist and pessimistic, foreclosing the possibility of enlightenment. Macaulay’s utopian political philosophy relies on belief in a good God, whose existence underpins the possibility of moral and political progress. This paper attempts a restoration of her optimistic utopianism in a reconciliation, grounded in a revision of natural law, of naturalist and utopian attitudes to political theory. It is proposed that the coevolution of language, moral law, and conscience (the disposition to judge one’s own actions in the light of moral principles) can be explained as solutions to the kinds of tragedy of the commons situations facing our ancestors. Moral dispositions evolved, but, in the light of its function, law is subject to rational critique. Liberal democracy plausibly offers the best prospect for developing rationally justifiable law.

scholarly journals Micro to Macro: Optimal Trade Policy With Firm Heterogeneity

Econometrica ◽  
2020 ◽  
Vol 88 (6) ◽  
pp. 2739-2776
Author(s):  
Arnaud Costinot ◽  
Andrés Rodríguez-Clare ◽  
Iván Werning
Keyword(s):  
Trade Policy ◽  
Small Firms ◽  
Firm Heterogeneity ◽  
Heterogeneous Firms ◽  
Point Of View ◽  
Foreign Firms ◽  
Empirical Observation ◽  
Self Selection ◽  
Export Subsidies ◽  
Selection Of

The empirical observation that “large firms tend to export, whereas small firms do not” has transformed the way economists think about the determinants of international trade. Yet, it has had surprisingly little impact on how economists think about trade policy. Under very general conditions, we show that from the point of view of a country that unilaterally imposes trade taxes to maximize domestic welfare, the self‐selection of heterogeneous firms into exports calls for import subsidies on the least profitable foreign firms. In contrast, our analysis does not provide any rationale for export subsidies or taxes on the least profitable domestic firms.

Locke, toleration and natural law: A reassessment

2016 ◽  
Vol 16 (1) ◽  
pp. 109-121
Author(s):  
John William Tate
Keyword(s):  
Political Philosophy ◽  
Natural Law ◽  
Primary Source ◽  
Point Of View ◽  
Theological Interpretation ◽  
Governing Principle

There is an increasingly prevalent view among some contemporary Locke scholars that Locke's political philosophy is thoroughly subordinate to theological imperatives, centered on natural law. This article challenges this point of view by critically evaluating this interpretation of Locke as advanced by some of its leading proponents. This interpretation perceives natural law as the governing principle of Locke's political philosophy, and the primary source of transition and reconciliation within it. This article advances a very different reading of Locke's political philosophy, perceiving within it competing imperatives that cannot be subsumed by natural law, and are, in some respects, at odds with it. In this way, the article shows how the “theological” interpretation of Locke's political philosophy, centred on natural law, fails to account for some of that philosophy's fundamental features, and is unable to explain some of its key outcomes, with the result that this interpretation falls short of its critical ambitions.

Deontological International Ethics

2012 ◽  
Author(s):  
Thomas E. Doyle
Keyword(s):  
Natural Law ◽  
Moral Agency ◽  
Formal Method ◽  
Categorical Imperative ◽  
Divine Command ◽  
Moral Law ◽  
International Ethics ◽  
Economic Relations ◽  
Moral Duties ◽  
Moral Nature

Deontological international ethics describes, analyzes, and assesses the principles governing the interactions of actors at and across various levels of society; focuses on the relations between states and other international actors; and is concerned with identifying and specifying the moral duties that each kind of international actor bears toward all others. The core theoretical elements of deontological international ethics include accounts of individual and collective agency, moral reason, the moral nature of action, and respect for the moral law as a necessary feature of ethical action. There are three historical phases of deontological international ethics: divine command and natural law ethics prior to Kant, late-modern thinker Immanuel Kant’s international ethics, and contemporary neo-Kantian approaches to nuclear ethics and transnational economic relations. The divine command ethical theories posit divine authority as the absolute and incontrovertible source of moral obligation. Meanwhile, natural law focuses on the intrinsically moral nature of military action and the centrality of moral agency and intention in the rightful use of force. On the other hand, Kant’s systemic deontological ethical theory posits individuals and states as autonomous and rational moral agents, identifies the categorical imperative as the supreme rational principle or morality and the concept of public right as its political corollary, describes a formal method for actors to determine their moral duty in ideal and non-ideal contexts, and applies this theory to the problems of interstate conflict and commerce.

scholarly journals “In Harmony with Reason”: John Duns Scotus’s Theo-aesth/ethics

Open Theology ◽  
2014 ◽  
Vol 1 (1) ◽  
Author(s):  
Oleg Bychkov
Keyword(s):  
Natural Law ◽  
Point Of View ◽  
Divine Command ◽  
Moral Norms ◽  
God's Will ◽  
Accurate Model ◽  
The Past ◽  
Freedom Of The Will ◽  
The Will ◽  
The Way

AbstractOver the past two decades, the debate has intensified over the nature of John Duns Scotus’s (meta) ethics: is it a purely voluntarist “divine command” ethics or is it still based on rational principles? The former side is exemplified by Thomas Williams and the latter by Allan Wolter. Scotus claims that even the divine commandments that are not based on natural law are still somehow “in harmony with reason.” But what does this mean? Richard Cross in a recent study claims that God’s reasons for establishing certain moral norms are “aesthetic.” However, he fails to show clearly what is “aesthetic” about these reasons or why God’s will would follow “aesthetic” principles in legislating moral norms. This article clarifies both points, first, by painting an up-to-date picture of what constitutes “aesthetic” principles, and second, by providing a more accurate model of the way the human volitional faculty operates and addressing the problem of the “freedom of the will” from a present-day point of view.

scholarly journals Private Law and Human Rights

Dixi ◽  
2020 ◽  
Vol 22 (2) ◽  
pp. 1-12
Author(s):  
Maxym Tkalych ◽  
Oksana Safonchyk ◽  
Yuliia Tolmachevska
Keyword(s):  
Human Rights ◽  
Property Rights ◽  
Social Relations ◽  
Natural Law ◽  
Point Of View ◽  
Roman Law ◽  
Western Civilization ◽  
Private Law ◽  
Freedom Of Contract ◽  
The Social

Point of view: One of the basic concepts that underlies law as a phenomenon, as well as private law as one of the two areas of law, is the concept of natural law. This concept presupposes that rights and freedoms are an inalienable good of every person, regardless of the will of any external institutions. The ideas of natural law have been expressed in the concept of private law (the fundamental principles of private law are such principles as justice, good faith, reasonableness, dispositiveness, legal certainty, inadmissibility of interference in private affairs, inviolability of property rights, and freedom of contract). Object: The subject of the study is the problems of reforming of private law in modern conditions. The object of research is the social relations that arise in the plane of «person-person» and «state-person» in modern transformation processes. Methodology: The research methodology is formed by methods of analysis, synthesis, and modeling. Additionally, logical-legal, comparative-legal forecasting methods are used. The authors of the article tried to draw a parallel between the concepts of natural law, Roman law and private law. Results and discussion: An analysis of these concepts revealed that each of them is an integral part of the concept of modern Western civilization. At the same time, in modern conditions of pandemic, deglobalization, regionalization, collapse of human rights and the very concept of Western civilization, which is based on the ideas of humanism, liberalism, absolute human rights, inviolability of property rights and respect for privacy, are under threat.

scholarly journals The Genesis of the Idea and Value of Political Peace in Early Modern Political Philosophy

2021 ◽  
Vol 57 (4) ◽  
pp. 33-59
Author(s):  
Raul Raunić
Keyword(s):  
Political Philosophy ◽  
Early Modern ◽  
Natural Law ◽  
Point Of View ◽  
William Of Ockham ◽  
Political Realism ◽  
Early Modernity ◽  
The Third ◽  
Marsilius Of Padua ◽  
The Many

The main intention of this paper is to reconstruct the conceptual and historical‎ genesis of the idea and value of political peace from the point of view of ‎political philosophy at the intersection between late scholasticism and early modernity. The paper consists of three related parts. The first part highlights‎ methodological and contextual reasons why the idea of political peace has ‎been overshadowed throughout history by dominant discourses on war. The ‎second part deals with conceptual clarifications. The nature of war is distinguished ‎from other types of conflict and three interpretative approaches to‎ war are analyzed: political realism, fundamentalist-moralistic view of the holy‎ war, and the many theories of natural law that give rise to conceptions of just‎ war, but also the first abolitionist perspective or idea of ending all wars. Early‎ theoretical articulations of the notion of peace indicated modern-day emancipation‎ of politics from the tutelage of metaphysics and classical ethics, thus‎ separating the value of political peace from its original oneness with cosmic ‎and psychological peace. The third part of the paper highlights key moments ‎in the historical genesis of the value of political peace in the works of Aurelius ‎Augustine, Marsilius of Padua, and William of Ockham.‎

scholarly journals The problem of certainty of legal cognition (in the context of the evolution of Nature Law)**

2020 ◽  
Vol 2020 (3) ◽  
pp. 26-32
Author(s):  
Dzhenevra Lukovskaya ◽  
Irina Lomakina
Keyword(s):  
Law Enforcement ◽  
Natural Law ◽  
Point Of View ◽  
Classical Type ◽  
Positive Law ◽  
Modern Natural ◽  
Legal Communication ◽  
The Subject ◽  
Human Construction ◽  
Legal Understanding

The article deals with the problem of certainty of legal cognition in the context of the evolution of Natural Law. It is noted that the category of certainty was understood differently by representatives of various scientific schools and strands of theoretical framework idea. However, the classical doctrines were similar in the sense that certainty is necessary as the initial principle of cognition of legal reality, in contrast to the relativistic post-classical theories, which took the diametrically opposite principle as a methodological basis, namely «uncertainty». The article actualizes the understanding that Nature Law as a classical type of legal understanding has an internal logic of development. It is noted that modern theories of «Resurgence of Natural Law» generally remain within the framework of natural law concepts, but still overcome the dualism and parallelism of the systems of natural and positive law. In ontology, the modern Natural Law recognizes the human construction of law, the participation of the subject in the constant reproduction of legal reality; in epistemology, it recognizes the inclusion of the subject in the process of cognition, the rejection of the absolutization of the «legislative» mind and the transition to an interpretive «communicative» mind; in axiology, it defends socio – cultural concretization, including in the current legal system. The authors actualize the idea of intersubjectivity of law as integrating various aspects of legal cognition and the operation of law, focusing on identifying the meaning of law not from the point of view of one – dimensional monosubjectivity (individual or homogeneous society), but in dialogical (polylogical) intersubjectivity - in the interaction of subjects of legal communication. Recognition of the dynamism of law, the actualization of law in law enforcement activities problematizes the idea of certainty in law, but on a new, human-centered methodological and theoretical basis.

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