scholarly journals Un debate inacabado: el no-positivismo inclusivo de Robert Alexy

2021 ◽  
pp. 145
Author(s):  
Augusto Fernando Carrillo Salgado
Keyword(s):  
Joseph Raz

Este trabajo tiene como objetivo general examinar los elementos que conforman el no-positivismo inclusivo; postura epistemológica y filosófica desarrollada a través de los años por Robert Alexy. Los métodos empleados son el deductivo, analítico y dialéctico; la principal técnica utilizada ha sido la investigación documental. El presente documento, grosso modo, se encuentra dividido en tres apartados. Primero, son explicados los elementos que conforman el no-positivismo inclusivo de Robert Alexy. Segundo, se explican algunas críticas formuladas a los elementos constitutivos del no-positivismo inclusivo con base en las ideas de Riccardo Guastini, Juan Antonio García Amado, Joseph Raz, Eugenio Bulygin, Matthias Klatt, Carlos Bernal Pulido; entre otros autores. Por último, en tanto objetivo particular, se expone una reflexión con el propósito de indicar uno de los múltiples caminos que los estudios jurídico-científicos sobre el no-positivismo inclusivo podrían seguir en el porvenir.

Rights and Demands

2018 ◽  
Author(s):  
Margaret Gilbert
Keyword(s):  
Human Rights ◽  
Immanuel Kant ◽  
Moral Argument ◽  
Joint Commitment ◽  
Social Phenomena ◽  
Joel Feinberg ◽  
Joseph Raz ◽  
The Right ◽  
Judith Thomson ◽  
Stephen Darwall

This book is the first extended treatment of demand-rights, a class of rights apt to be considered rights par excellence. Centrally, to have a demand-right is to have the standing or authority to demand a particular action from another person, who has a correlative obligation to the right-holder. How are demand-rights possible? Linking its response to central themes and positions within rights theory, Rights and Demands argues for two main theses. First, joint commitment, in a sense that is explained, is a ground of demand-rights. Second, it may well be their only ground. The first thesis is developed with special reference to agreements and promises, generally understood to ground demand-rights. It argues that both of these phenomena are constituted by joint commitments, and that this is true of many other central social phenomena also. In relation to the second thesis it considers the possibility of demand-rights whose existence can be demonstrated by moral argument without appeal to any joint commitment, and the possibility of accruing demand-rights through the existence of a given legal system or other institution construed without any such appeal. The relevance of the book’s conclusions to our understanding of human rights is then explained. Classic and contemporary rights theorists whose work is discussed include Wesley Hohfeld, H. L. A. Hart, Joel Feinberg, Immanuel Kant, Thomas Scanlon, Judith Thomson, Joseph Raz, and Stephen Darwall.

On the Nature of Necessary Truths in Jurisprudence: Putting Wittgensteinian Hinges to Use

2021 ◽  
Vol 34 (1) ◽  
pp. 203-237
Author(s):  
Yi Tong
Keyword(s):  
Fundamental Nature ◽  
Joseph Raz ◽  
Necessary Truths ◽  
The Law

Inquiring into the fundamental nature of law has been traditionally formulated as an attempt to answer the question, “What is Law?” Such an inquiry typically proceeds by identifying the necessary features of law. Joseph Raz, for example, writes: A theory consists of necessary truths, for only necessary truths about the law reveal the nature of the law. We talk of ‘the nature of law’, or the nature of anything else, to refer to those of the law’s characteristics which are of the essence of law, which make law into what it is. That is those properties without which the law would not be law.1

A Critique of Raz’s Liberal Perfectionism: Morality and Politics

1996 ◽  
Vol 31 (3) ◽  
pp. 347-364
Author(s):  
Bi‐Hwan Kim
Keyword(s):  
Political Institutions ◽  
Good Life ◽  
Well Being ◽  
The Good Life ◽  
Objective Knowledge ◽  
Self Identity ◽  
Liberal Democratic ◽  
Joseph Raz ◽  
The Individual ◽  
Liberal Perfectionism

Joseph Raz Has Long Been Well Known as a Legal philosopher and theorist of practical reason. But it is only in the last decade that he has come to be widely identified as the most prominent defender of a distinctive interpretation of the liberal tradition. Raz wholeheartedly endorses the communitarian view that the individual is a social being, who needs society to establish his/her self-identity and to gain objective knowledge of the good, rather than a self-contained subject abstracted from any specific social experience. Unlike neutralist liberals, such as Rawls and Dworkin, he rejects ‘the priority of right over the good’, stressing the interdependent relationship between right and the good. Yet he remains very much a liberal in his commitment to the value of autonomy (or freedom) and argues powerfully for the desirability (or necessity) of incommensurable plural conceptions of the good life for the well-being of people, as well as for the liberal virtue of toleration, and for their attendant liberal democratic political institutions.

THE EFFICACY CONDITION

Legal Theory ◽  
2019 ◽  
Vol 25 (4) ◽  
pp. 225-243
Author(s):  
Thomas Adams
Keyword(s):  
International Law ◽  
Legal System ◽  
Ontological Status ◽  
Joseph Raz ◽  
The Relationship

ABSTRACT“A legal system exists,” Joseph Raz claims, “if and only if it is in force.” By this he means to suggest that the efficacy of law—that is, its capacity to control the population to which it applies—is necessary for its identity as such. Despite widespread recognition that efficacy is a condition of the existence of law, however, little time has been spent analyzing the notion. This article begins an attempt to make up the deficit. I make the case for efficacy as necessary for law and go on to develop and defend an account of the concept that is broadly Kelsenian in spirit. In doing so I address questions concerning the relationship between obedience and enforcement in an account of the existence of a legal system as well as relating the discussion to that concerning the ontological status of international law.

4. Modern legal positivism

2020 ◽  
pp. 97-141
Author(s):  
Raymond Wacks
Keyword(s):  
Legal System ◽  
Legal Theory ◽  
Good Deal ◽  
Legal Positivism ◽  
Hans Kelsen ◽  
Joseph Raz ◽  
Legal Positivist ◽  
Linguistic Philosophy

This chapter explores the works of some of the leading exponents of contemporary legal positivism: H. L. A. Hart, Hans Kelsen, Joseph Raz, Jules Coleman, Scott Shapiro, and others. Hart staked out the borders of modern legal theory by applying the techniques of analytical (and especially linguistic) philosophy to the study of law. Kelsen may be the least understood and most misrepresented of all legal theorists. To the extent that he insisted on the separation of law and morals, what ‘is’ (sein) and what ‘ought to be’ (sollen), Kelsen may legitimately be characterized as a legal positivist, but he is a good deal more. Raz argues that the identity and existence of a legal system may be tested by reference to three elements: efficacy, institutional character, and sources. Thus, law is autonomous: we can identify its content without recourse to morality.

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