scholarly journals Dooyweerd on Law and Morality: Legal Ethics - A Test Case

1998 ◽  
Vol 28 (1) ◽  
pp. 262
Author(s):  
Alan Cameron
Keyword(s):  
General Problem ◽  
English Translation ◽  
Legal Philosophy ◽  
Test Case ◽  
Ethical Aspects ◽  
Philosophical Work ◽  
Legal Ethics ◽  
Law And Morality ◽  
Basic Concepts ◽  
The Relationship

The philosophical work of the Dutch Christian intellectual Hernum Dooyeweerd is notinternationally well known. His major jurisprudential work is even less well known owing to the fact that it has not been published either in his native language or in English. The author of this article, who is involved in the editing of the English translation of Dooyeweerd's jurisprudence for publication, briefly expounds the main themes and some of the basic concepts of his legal philosophy with reference to the general problem of the relationship between law and morality and then attempts to apply these insights towards a theoretical elucidation of the relationship between law and legal ethics. Central to the Dooyeweerdian jurisprudential perspective is a highly original theory of the modal aspects. ln particular, the notions of the jural and ethical aspects provide the baszs of his unique account of the relationshzp between law and morality and of this article's application of Dooyeweerd's theoretical framework to the topic of legal ethics.

The Nature of Legal Philosophy

2021 ◽  
pp. 7-17
Author(s):  
Robert Alexy
Keyword(s):  
Real World ◽  
Legal Philosophy ◽  
The Real ◽  
The Third ◽  
Normative System ◽  
Law And Morality ◽  
Systematic Reflection ◽  
The Law ◽  
The Relationship

Philosophy is general and systematic reflection about what there is, what ought to be done or is good, and how knowledge about both is possible. Legal philosophy raises these questions with respect to the law. In so doing, legal philosophy is engaged in reasoning about the nature of law. The arguments addressed to the question of the nature of law revolve around three problems. The first problem addresses the question: in what kinds of entities does the law consist, and how are these entities connected such that they form the overarching entity we call ‘law’? The answer is that law consists of norms as meaning contents which form a normative system. The second problem addresses the question of how norms as meaning contents are connected with the real world. The third problem addresses the correctness or legitimacy of law, and, by this, the relationship between law and morality.

Legitimacy, Democracy, and Justice

2017 ◽  
Author(s):  
Rainer Forst
Keyword(s):  
Basic Concepts ◽  
The Relationship ◽  
Normative Content ◽  
Normative Validity

This chapter attempts to provide a reflexive answer to the question of the relationship between the three basic concepts of political normativity. These concepts are: legitimacy, democracy, and justice. It is commonly assumed that these three concepts are arranged in order of increasing normative content: the concept of legitimacy is thought to involve less extensive normative investments than that of democracy, whereas justice, by contrast, is not only regarded as the highest political good but also seems to be in rivalry with the concept of democracy and to go beyond legitimacy. In addition, “reflexivity” here is taken as the ability to ascertain the ultimate justifying reasons for the claim to normative validity. This is not only a theoretical but also a practical virtue, since practices and institutions can exhibit reflexivity insofar as they adopt a critical stance on their justifiability.

scholarly journals The Value of Vagueness: A Feminist Analysis

2021 ◽  
Vol 34 (1) ◽  
pp. 59-84
Author(s):  
Ira Chadha-Sridhar
Keyword(s):  
Common Law ◽  
Legal Philosophy ◽  
Feminist Analysis ◽  
Turn On ◽  
The Relationship

Judicial verdicts matter. Apart from deciding the fate of litigants, common law verdicts hold precedential value. They create and alter legal cultures. Considering their importance, it is crucial to ask: what do judicial verdicts turn on? Each verdict is certainly influenced by the case facts, evidence and argumentation presented before the court. However, verdicts are also importantly shaped by how we think about language.1 Questions about language—about the relationship between words and meaning—are central to legal philosophy.

Clinical Translation, Ethics, and Policy

2021 ◽  
Author(s):  
Jonathan Kimmelman
Keyword(s):  
Clinical Practice ◽  
Conceptual Framework ◽  
Linear Process ◽  
Clinical Translation ◽  
Ethical Aspects ◽  
New Treatments ◽  
Relationship Of ◽  
The Relationship ◽  
Translation Ethics

Many representations of clinical translation present it as a linear process by which bench discoveries are advanced into clinical practice. The present chapter offers a conceptual framework that highlights distinctive ethical aspects of clinical translation. The framework understands clinical translation as a process not so much as developing new treatments but rather generating evidence on how to use (and how not to use) new as well as old interventions. It also emphasizes attending to the relationship of different studies with each other and the importance of coordinating different studies with each other. The model presented here foregrounds the role of coordination in realizing societal objectives of clinical translation at minimal burden and cost for patients and study volunteers.

Ethical Aspects of the Prevention of Suicide in Psychiatry

2012 ◽  
Vol 14 (2) ◽  
pp. 140.2-149
Author(s):  
Axel Liégeois ◽  
Marc Eneman
Keyword(s):  
Good Care ◽  
Ethical Aspects ◽  
Ethical Perspective ◽  
Protective Measures ◽  
Care Relationship ◽  
The Relationship

From an ethical perspective, three values are at stake in the prevention of suicide—the inviolability of life, the autonomy of the client, and the care relationship between caregivers and client. These values can be integrated in the following way. The best prevention consists of a good care relationship involving intensive counseling of the client regarding existential questions. In this way, caregivers can increase the client’s autonomy and responsibility. Sometimes, however, caregivers need to intervene with protective measures to safeguard the inviolability of the client’s life. Caregivers strive for a reasonable balance between autonomy and inviolability by means of the integrating value of the relationship.

scholarly journals Law and aesthetics: critical note

2010 ◽  
Vol 6 (2) ◽  
pp. 631-640 ◽  
Author(s):  
Luis Satie
Keyword(s):  
Legal Philosophy ◽  
Philosophy Of Law ◽  
Legal Form ◽  
Critical Note ◽  
Art Form ◽  
Conservative Approximation ◽  
Conditions Of Possibility ◽  
The Relationship ◽  
The Way

It is thought in the theory and philosophy of law, aimed at discussing the conditions of possibility of rapprochement between the art form and legal form. The text investigates, dialectically, the implications for the legal philosophy of the impossibility of such approximation, and the problems in a conservative approximation. It follows that: 1) would be a loss for a reason and therefore to legal philosophy, not to communicate between art and law; 2) the relationship between legal and aesthetic standards should be guided by the critical, especially in terms of Adorno's thought. It is by overcoming the dichotomy between possibility and impossibility, opening on the idea of constellation of methodological categorical fields of law and aesthetics in their current forms, paving the way for understanding the legal form as a tragic way.

scholarly journals Heidegger's concept of 'Being-There' and fundamental concepts of traditional ontology

2008 ◽  
Vol 19 (3) ◽  
pp. 273-291
Author(s):  
Milotka Molnar-Sivc
Keyword(s):  
Decisive Role ◽  
The Other ◽  
Being And Time ◽  
Philosophical Tradition ◽  
Strict Sense ◽  
Fundamental Ontology ◽  
Basic Concepts ◽  
Being There ◽  
The One ◽  
The Relationship

Although the question of relationship between basic concepts of traditional ontology and central concepts of fundamental ontology is not a topic which is systematically dealt with in Being and Time, it is obvious that some of the theses which are crucial not only for Heidegger's interpretation of philosophical tradition, but also for the whole project of fundamental ontology, concern this 'conceptual scheme'. In fact, the backbone of Heidegger's critical confrontation with dominant philosophical conceptions is the question of relationship between the concept of 'substance' and the concept of 'Being', i.e. the discussion of philosophical doctrines in which 'Being' is reduced to 'substance'. Besides this context, which concerns the ontological problematics in the strict sense, it is possible to show that the refutation of the basic categories of traditional ontology is an issue which has a decisive role in more concrete phases of the realization of the project of fundamental ontology. This is especially confirmed in Heidegger's discussion of the concept of 'Being-There'. The interpretation of Heidegger's treatment of the relationship between the concepts of 'Being-there', 'existence' and 'existentials' on the one hand, and the concepts of 'substance', 'essence' and 'categories' on the other, shows that one of Heidegger's basic theses is that a transformation of concepts of traditional ontology is necessary for an appropriate understanding of human being.

scholarly journals Pragmatic Intellectualism Syndrome in emergency response and military leadership

2019 ◽  
Vol 192 (2) ◽  
pp. 349-364
Author(s):  
Kazimierz Nagody-Mrozowicz ◽  
Piotr Pietrakowski
Keyword(s):  
Emergency Response ◽  
World View ◽  
Armed Forces ◽  
Military Leadership ◽  
Ethical Aspects ◽  
Value System ◽  
Research Perspective ◽  
Executive Behavior ◽  
The Relationship ◽  
Employee Teams

Values are a component of the human personality that affects a world-view, opinions, emotions and behaviors. This applies equally to managerial and executive behavior, while in the case of rescue organizations, both levels of behavior are also an important factor of organizational effectiveness. The aim of the article is to show the relationship between the ethical aspects of rescue operations and the value system represented by mountain rescuers. The applied idiographic research perspective can become an example for research on other types of organizations and employee teams, including the armed forces.

scholarly journals On what a theory of natural law is supposed to be

2020 ◽  
pp. 167-200
Author(s):  
Michael Pakaluk
Keyword(s):  
Natural Law ◽  
Natural Rights ◽  
Philosophical Work ◽  
Natural Teleology ◽  
Law And Morality ◽  
The Law ◽  
John Finnis ◽  
The Many ◽  
Locus Classicus

A theory may properly be called a theory of natural law, if either it functions as such a theory is expected to function; or it has the expected content; or it is a plausible interpretation of a theory generally acknowledged to be in the tradition of natural law. It functions as such a theory if it supports appeals to natural law intended to ‘contextualize’ human law. It has the expected content, if it adverts to providential, natural teleology as the basis for a law given to us prior to convention. It would clearly be located in the tradition, and rightly accounted as such a theory, if it were a plausible interpretation of Aquinas’ Treatise on Law, which is the locus classicus for the philosophical treatment of natural law. But the ‘New Natural Law,’ first expounded in Natural Law and Natural Rights (NLNR) of John Finnis, meets none of these criteria. NLNR seems best construed, then, as a contribution to the «law and morality » debate, not a theory of natural law. It gives merely another ‘method of ethics’ along with the many others put forward in the 20th c. If so, the philosophical work needed for a persuasive, contemporary revival of natural law still remains to be done.

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