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Strategies for the Justification of Law

Strategies for the Justification of Law AbstractWe need to acknowledge that the members of most modern societes adhere to different and partially contradictory moral convictions which to overcome we yet don’t have the intellectual means. Since such convictions typically include opions about which moral rules should be established as laws there will be disagreement about the correct rules of law as well. The article investigates the possibilities to find a system of laws that all can accept on the basis of such moral pluralism. It develops six steps and models for the required justification. As the final step has the form of a strategic negotiation the concluding section explores which forms of representation and which deviations from unanimity are acceptable within this procedural model of justification. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Analyse & Kritik de Gruyter

Strategies for the Justification of Law

Analyse & Kritik , Volume 39 (2): 30 – Nov 1, 2017

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References (10)

Publisher
de Gruyter
Copyright
© 2017 by Walter de Gruyter Berlin/Boston
ISSN
0171-5860
DOI
10.1515/auk-2017-0016
Publisher site
See Article on Publisher Site

Abstract

AbstractWe need to acknowledge that the members of most modern societes adhere to different and partially contradictory moral convictions which to overcome we yet don’t have the intellectual means. Since such convictions typically include opions about which moral rules should be established as laws there will be disagreement about the correct rules of law as well. The article investigates the possibilities to find a system of laws that all can accept on the basis of such moral pluralism. It develops six steps and models for the required justification. As the final step has the form of a strategic negotiation the concluding section explores which forms of representation and which deviations from unanimity are acceptable within this procedural model of justification.

Journal

Analyse & Kritikde Gruyter

Published: Nov 1, 2017

Keywords: Law; justification of law; contractualism; proceduralism; compromise; negotiation; moral pluralism; principle of unanimity; representation

There are no references for this article.