Correction to: The Public Power of Judgement: Reasonableness Versus Rationality—Setting the Ball Rolling

International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique - In the original publication of the article, the paragraph beginning “We begin with two...     

The Argument of Rightness as an Element of the Discretionary Power of the Administrative Judge

The article concerns the situation of the judicial application of the law where the entity applying the law refers in a decision-making process to moral principles. The decision should be based on the directives of interpretation, which indicate the need for such a determination of the meaning of the applicable norms so that it remains in harmony with commonly accepted moral rules of the society. The equity (understood as rightness) has one more purpose; namely, it allows for the process of decision-making—and not just for the process of unifying the decisions—since the mere rule does not specify the algorithm of undertaking them. This rule thus assumes that it will be further specified by phronesis judge who in a given situation will determine—for the purposes of a particular decision—a hierarchy between the criteria of substantive justice “embedded” in this rule. The reference to equity (rightness) stands for the concretization of an unspecified general rule. We deal here with an indefinite general rule, the application of which is facilitated by a reference to rightness.

     

Zukunftsfähige Agrarlandschaften in Deutschland – Ziele und Anforderungen aus ökologischer, ökonomischer und rechtlicher Sicht

Natur und Recht - Die global steigenden Treibhausgase verändern in zunehmenden Maße auch in Deutschland die klimatischen Verhältnisse. Betroffen sind insbesondere hiesige...     

The Interchangeability of Perspectives Between the Victim and the Offender as an Element of Punishment

The aim of this article is to demonstrate that the theory of changes in perspectives allows a different presentation of the problems which arise from a loss of recognition as an element of punishment, particularly in reference to others, the entire structure of the interaction is changed. Communicative conditions of moral discourses assume that every participant of the argumentation process takes place in all spheres of social life and can assume the perspective common to all other participants. The main task of criminal law is, then, the protection of elementary aspects of one’s role as a participant of interaction without which the chain of mutual recognition and understanding could be freely and at any moment infringed by any given participant of interactions, i.e. the protection of such rights.     

The Public Power of Judgement: Reasonableness Versus Rationality—Setting the Ball Rolling

International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique - The chief concern of the paper is to initiate discussion on the difference between the private...     

Editorial

International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique -     

Whose Reason or Reasons Speak Through the Constitution? Introduction to the Problematics

In the following paper sources of a constitution are put in question in general, and more specifically, the constitutional culture of the European Union Law is being investigated in-depth with regard to principles of deliberative democracy and rulings of the Court of Justice of the European Union. The change of a law application paradigm as well as the change of a legal systems?? nature are taken into account.     

Do Formalist Judges Abide By Their Abstract Principles? A Two-Country Study in Adjudication

International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique - Recent literature in experimental philosophy has postulated the existence of the...