Revitalization of Radbruch's formula in the theory of Robert Alexy

In trying to unravel the quandary of the concept of law, Robert Alexy stipulated some sort of an eclectic non-postivistic theory of law which consists of three arguments: from Correctness, Injustice and Principles. He believes in the possibility of a rational justification of objective morality, which he incorporates into the aforementioned three arguments, claiming that law and morality are conceptually connected. This paper will question the limitations of such an approach. The Argument from Correctness states that no system can be considered to have a legal nature if it does not claim correctness, while it will be seen as defective if it does claim, but does not fulfill correctness. On the other hand, the Argument from Injustice is an addition to the previous thesis, through the revitalization of the Radbruch Intolerability and Disavowal Formula – subtracting legal nature from extremely unjust norms. The paper evaluates main objections pointed towards such a conception of law, as well as general problems which may occur within the Arguments from Correctness and Injustice.

COMPLIANCE RISK MANAGEMENT IMPLEMENTATION IN DIRECTORATE GENERAL OF TAXATION REPUBLIC OF INDONESIA

The vast amount of taxpayer and the limited resources in Indonesian Tax Authority (DJP) to monitor the taxpayer, require DJP to plan tax audit optimally. This study aim to analyze the effectifity of Compliance Risk Management (CRM) policy in DJP. This study is using qualitative approach through interview with 7 peoples who have roles in implementing tax policy in Indonesia. This study founds the importance of CRM policy, in which the tax authority cannot apply the same treatment to all taxpayers, so it needs to decide which taxpayer needs to be investigated with rational justification based on risk level. Tax authority needs to focus on implementing CRM as an important source of information in decision making process.

When Must One Permit Scandals to Arise? A Comparison of Two Traditions

The essay argues that were a bishop to consult the treatment of scandal in the manuals of moral theology of the last several centuries, he could easily find rational justification for an ecclesial cover-up. Given the manualists’ overwhelming emphasis on avoiding scandal, Peter Cantor’s (d. 1197) triplex veritas—a threefold truth one may never abandon despite scandals arising—offers the beginning of a necessary corrective rationale. While not abandoning the insights of the manual writers altogether, the lost medieval tradition of the triplex veritas should be revived to correct the unidirectional rationale regarding the avoidance of scandal.

Why Is Change Hard?

This book chapter will first introduce theories in social and cognitive psychology to describe the process of change. The social intuitionist model (Haidt, 2001) is applied to illustrate how communication operates in human function. When confronted by the need to change, individuals respond first from intuition, and only after our response do, we acquire rational justification. Additionally, this chapter provides explanations of traumatic brain functions from the neuroscience perspective. Practitioners have to recognize both the intuitive and deliberative process when working with individuals who experience trauma with physiological reactivity. This chapter also discusses strategies to reduce traumatic stress and restore the proper balance between the rational and emotional brain.

Education, Democracy and Living With Disagreement

This paper will revisit issues to do with the roles of education and an ostensibly liberal democracy in a world rife with disagreement. It seems certain that the outcome of the revisiting will be an insistence that to be true to themselves, the provision of education at both the individual and societal level must cling hard to the key notions of truth, objectivity, and rational justification in a world that perhaps more than any other time is inclined to doubt whether in any final sense these notions have much going for them. Disagreement is the challenge and spur to the reaffirming of our belief in the importance of rational debate in both the private and public spheres.

Learning to Appreciate the Gray Areas: A Critical Notice of Anil Gupta’s “Conscious Experience”

Anil Gupta’s Conscious Experience: A Logical Inquiry provides an impressive and novel account of rational justification based on conscious experience which is used as a foundation for a new theory of empiricism. In this critical notice, I argue that Gupta’s project is fascinating, but is often hampered by a lack of sufficient philosophical justification and clarity regarding some essential features of his project, as well as a lack of engagement with relevant scientific domains that would directly bear on it, such as computational neuroscience, cognitive neuroscience, and cognitive psychology. This limits the sort of logical inquiry available to him in problematic ways.

MACINTYRE’S CRITIQUE OF KIERKEGAARD REVISITED

This essay presents an assessment of MacIntyre’s thesis that Kierkegaard is not trying to rationally justify morality at all. Using MacIntyre’s account of Kierkegaard’s work Either/Or, and comparing his interpretation to Kierkegaard’s works, I aim to show that MacIntyre’s conclusions are wrong. In doing so, I will provide a different interpretation of Either/Or, while arguing that it is possible to use later Kierkegaard’s works in that interpretation. Contrary to MacIntyre’s assertion, Kierkegaard does not change his characterization of the ethical in his later works, but outlines in Either/Or the same problems he will deal with in Fear and Trembling. The foundation of his conception of the ethical lies in his conception of the self, given in The Sickness unto Death. Analyzing this conception of self through Kierkegaard’s account of the forms of despair, I will argue that the significance of morality lies in delivering the self from various forms of despair. As Kierkegaard’s thesis on the ubiquity of despair provides a horizon for the debate between the aesthetic and the ethical individual, we can say that the concept of despair provides a basis for his rational justification of morality.

Unpacking Parental Violence in Narratives: Agency, Guilt, and Pedagogy in Narratives about Traumatic Interpersonal Experiences

This article deals with narratives of traumatic experiences of parental violence in childhood, told by adult narrators in the context of clinical adult attachment interviews. The study rests on a corpus of interviews with 20 patients suffering from fibromyalgia, who were interviewed in the context of psychodynamic psychotherapy. Nine of the patients reported repeated experiences of parental violence. The article focuses on extracts from two interviews, which provide for a maximal contrast concerning the practices of telling experiences of violence and which are ‘clear cases’ of the practices that are characteristic of the whole corpus. The main differences between the different ways of telling concern: • With respect to the ascription of guilt and responsibility, parental violence is portrayed as legitimate pedagogic action versus as being evil-minded and guilty without rational justification. • With respect to the process of the telling, we find narrative trajectories over which an initial vague gloss is increasingly unpacked by reports of highly violent actions versus narratives in which violence is overtly stated and morally ascribed from its very first mention.

Existem direitos de solidariedade? A tradição clássica e as propostas liberais

RESUMONo presente trabalho, o autor começa explicando os vários significados do termo “solidariedade”, em especial no que se refere a fato social ou a uma atitude ou ação ética, fazendo referência somente ao aspecto ético da solidariedade. Após, estuda-se o fundamento da solidariedade ética, que se encontra na noção de bem comum, concebendo-se como uma perfeição em que participam aqueles que integram um todo relacional-prático. Logo se analisa o modo com que o pensamento liberal primeiramente debilitou e depois eliminou a noção de bem comum, centrando-se em bens meramente individuais e impossibilitando a justificação racional da solidariedade ética, seja concretando em direitos, virtudes, normas, deveres ou nas realidades remanescentes dessa índole. Nas conclusões, reivindica-se a vinculação necessária entre a solidariedade ética e a ideia de bem comum.PALAVRAS-CHAVESolidariedade. Ética. Bem comum. Liberalismo.ABSTRACTThe author begins by explaining the various meanings of the concept “solidarity”, especially those referring to a certain social fact or an ethical attitude or activity, taking the ethic expression of the solidarity. Then we proceed to study the foundation of ethical solidarity, if it is found in the notion of the common good, if it is conceived as a perfection of the participants that integrate a relational-practical whole. Then we analyzed the way in which liberal thought first has been weakened and then eliminated the notion of common good, focusing on merely individual goods and making impossible the rational justification of ethical solidarity. It is concretized in the rights, virtues, norms, duties, or the remaining realities of that nature. In conclusion, we will claim the necessary link between ethical solidarity and the idea of the common good.KEYWORDSSolidarity. Ethics. Common good. Liberalism.