Constitutional Morality - A Need for Consensus on the Conceptdoi:10.2139/ssrn.3353874The concept of Constitutional Morality was used in an important case of Navtej Singh Johar which employed this concept in an innovative manner to strike down SeSocial Science Electronic Publishing...
The detail in which morality, and through it human dignity, come to ground politics and law for Kant, would merit a separate treatment or a chapter on its own. However, the heart of the matter lies in the idea that, although politics is not itself conceived of as a moral activity, sinc...
6) conception of citizen ethics 公民伦理观 1. In other words, the superiority of constitutional and political system of China determines the inevitability of citizen society and the indispensability of the conception of citizen ethics. 公民伦理观的养成是正在发育中的中国公民社会的内在诉求,在公民...
prophecies of what the courts will do... are what I mean by the law' ; 2 Statutes are’ sources of Law... not parts of the Lawitself'; 3 'Constitutional law is positive morality merely'; 4 'One shall not steal; if somebody steals he shall be punished ... If at all 1 Llew...
“We propose as a name the termenactiveto emphasize the growing conviction that cognition is not the representation of a pregiven world by a pregiven mind but is rather the enactment of a world and a mind on the basis of a history of the variety of actions that a being in the world ...
Only membership in a constitutional political community can protect, by granting equal rights, the equal human dignity of everybody.doi:10.1007/978-94-007-2376-4_4Jürgen HabermasSpringer NetherlandsHabermas, J. (2010). The concept of human dignity and the realistic utopia of human rights, ...
morality of the consociates6, on pain of its transformation into an ethical State irreconcilable with a democratic and pluralist constitutional architecture. No inner purification or emendation is pursuable by our system, which must refrain from direct promotion of any ideal. At most, it may ...
Hence, Habermas stresses that “religious consciousness [...] must adapt to the authority of the sciences which hold the societal monopoly of secular knowledge; and, finally, it must agree to the premises of a constitutional state grounded in a profane morality. Without this thrust of reflection...
The mistrust of traditional notions of sexuality that evolved with respect to postmodernism can be seen, within the United States, to have climaxed with the overturning of Roe versus Wade in 2022, revoking the constitutional right to seek abortion care in the United States [159]. With this ju...
The phrase “essentially contested concept” (ECC) entered the academic literature in 1956 in an attempt to better characterize certain contentious concepts of political theory. Commonly identified examples of contested concepts are morality, religion, democracy, science, nature, philosophy, and certain ...