Vladavina zakona: đenovski dijalog
In the paper the author replies to Kristan's critique of some of the arguments from his recently published book The Rule of Law (Madrid, Trotta, 2007). As a starting point, he emphasizes the fact that due to the nature of some practical concepts (e.g. authority, democracy, freedom, human rights...
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| In: | URI:https://journals.openedition.org/revus, |
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| Main Author: | |
| Format: | Article ou chapitre numérique |
| Language: | Croate |
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Revus
2013
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| Subjects: | |
| Online Access: | Accès Université d'Orléans et IFPM Accès Université d'Orléans et IFPM |
| Summary: | In the paper the author replies to Kristan's critique of some of the arguments from his recently published book The Rule of Law (Madrid, Trotta, 2007). As a starting point, he emphasizes the fact that due to the nature of some practical concepts (e.g. authority, democracy, freedom, human rights, rule of law) it is impossible to clearly demarcate the pure conceptual analysis from the justificatory argumentation. However, he thinks his book is more a descriptive reconstruction of everything that is implicitly present in public institutions and their functioning that is founded on personal autonomy and, more generally, on the rule-of-law ideal. He refutes Kristan's objections that his claim that the rule of law is a moral idea, consisting of a certain number of requests that “have to be realized to the greatest possible degree”, makes the ideal vague and susceptible to a number of negative consequences and that in some cases his ideal of the rule of law is set too low, while in others it is unnecessarily utopian. |
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