Titel: Strategies for the Justification of Law
Autor: Walter Pfannkuche
We 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.
Evaluating Societies Morally?
2017 (39) Heft 2
There is hardly a greater distance between our everyday attitudes and scientific caution than in the case of evaluative statements concerning states and their representatives. Even though it is rare that whole cultures are called ‘evil’, judging state representatives in moral terms, often negatively, is wide-spread, and not only among the politically involved. In contrast, classical moral ‘theories’ and their advocates in the human sciences are reluctant to apply moral judgements to item...