Architectures of Justice (Applied Legal Philosophy) by Henrik Palmer Olsen, Stuart Toddington

By Henrik Palmer Olsen, Stuart Toddington

Legislation might be obvious to consist not just of principles and judgements, but in addition of a framework of associations supplying a constitution that varieties the stipulations of its viable lifestyles and recognition. during this ebook, Olsen and Toddington behavior a philosophical exploration and critique of those stipulations: what they're and the way they form our figuring out of what constitutes a felony approach and the function of justice inside it.

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If pragmatism is in any serviceable sense to be regarded as a methodological alternative to the apparently unattractive attribute of the ‘foundationalism’ of ethical rationalism, then it must show us how this is to be done. 26 Ibid. 27 Ibid. Our emphasis. 28 Sanne Taekema The Concept of Ideals in Legal Theory (op. ) p. 107. 32 Architectures of Justice To answer the question, then, let us for a moment reflect on what might be entailed by the claim that a parent or a police officer or a judge or a friend or a government minister might fail to attain or fully realize the requisite normative standards inherent in the ‘Master Ideal’ of say, parenthood, law, friendship, or democracy.

The Basic Goods listed above appear commonsensically important to us all; but is there not an equally commonsensical ‘hierarchy’ (in a prudential-technical sense) amongst them. For example, ‘life’ is a basic good, but so is ‘sociability’ ‘play’ and ‘religion’; yet we are told to receive all of them as equally valuable and what is logically more taxing, all as equally fundamental. For example, there is no doubt (as its greatest devotees have shown) that one can practise religion whilst remaining relatively if not entirely unsociable, yet it is difficult to see how it would be possible to do this if one were bereft of life.

Raising the issue of rights at that point was important in the sense that it forced the issue of the pragmatist understanding of the basis of the value rationality required to construct the Master Ideal and it is important here in our understanding of the role of holding to the ‘incommensurability of values’ in pragmatist theorizing. It is interesting to note that some writers are more at ease talking about the incommensurability of values than they are about asserting the incommensurabilty of rights.

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