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Journal articles on the topic 'Legitimate grounds'

Author: Grafiati

Published: 6 July 2024

Last updated: 31 July 2025

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1

Kochedykov, Ivan. "Questionable Grounds (Peter F. The Grounds of Political Legitimacy. Oxford: Oxford University Press, 2023)." Journal of Political Theory, Political Philosophy and Sociology of Politics Politeia 1, no. 116 (2025): 184–94. https://doi.org/10.30570/2078-5089-2025-116-1-184-194.

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The manuscript is a review of the monograph The Grounds of Political Legitimacy by Fabienne Peter, the French political philosopher. Following the suit of the modern Anglo-American analytical political philosophy, the author of the monograph offers a metanormative approach to the analysis of legitimacy, focused on identifying the types of obligation on which it can be built. Legitimacy is interpreted in the book as a normative property of a political decision, which makes it binding for both the authorities and citizens. Based on the analysis and synthesis of possible foundations of legitimacy

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Bespalov, Andrei. "Religious Faith and the Fallibility of Public Reasons." Oxford Journal of Law and Religion 8, no. 2 (2019): 223–46. http://dx.doi.org/10.1093/ojlr/rwz014.

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Abstract Rawlsian liberals define legitimacy in terms of the public justification principle (PJP): the exercise of political power is legitimate only if it is justified on the grounds of reasons that all may reasonably be expected to accept. Does PJP exclude religious reasons from public justification of legal provisions? I argue that the requirement of ‘reasonable acceptability’ is not clear enough to answer this question. Furthermore, it fails to address the problematic fact that justification on the grounds of religious faith involves non-negotiable claims, which is incompatible with respec

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3

Veatch, Robert M. "Which Grounds for Overriding Autonomy Are Legitimate?" Hastings Center Report 26, no. 6 (1996): 42. http://dx.doi.org/10.2307/3528762.

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Hassoun, N. "Global Justice: What is Necessary to Legitimate Coercion." Journal of Moral Philosophy 16, no. 5 (2019): 563–89. http://dx.doi.org/10.1163/17455243-20182701.

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There is little agreement about what grounds obligations of distributive justice. This paper defends cosmopolitan coercion theory against recent criticism that coercive rule is not even sufficient to generate obligations of distributive justice. On one of the most sustained arguments against the idea that coercion is sufficient to generate obligations of distributive justice, critics object that coercion, and other nonvoluntary relationships, cannot fix the scope, or content, of these obligations. At best, critics argue, nonvoluntary relationships can ground obligations of charity or humanity.

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5

Lee Jr., Richard A. "The Glorious Excess of Peace in Marsilius of Padua's Defensor Pacis." Theoria 66, no. 159 (2019): 23–51. http://dx.doi.org/10.3167/th.2019.6615903.

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In Defensor Pacis Marsilius of Padua grounds the legitimacy of the kingdom, or the state (civitas), on the peace that rule provides the citizens. Looking at Aristotle’s claim that the civitas strives to be like an animal in which all parts in the right proportion for the sake of health, Marsilius argues that ‘the parts of the kingdom or state will be well disposed for the sake of peace [tranquilitas].’ Marsilius goes on to define peace as the agreeable ‘belonging together’ of all members of the kingdom or the state. In this way, Marsilius moves away from a theological ground of the legitimacy

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Dolenc, Dubravka. "Legitimate interest as legal grounds for processing personal data." Bankarstvo 49, no. 3 (2020): 145–70. http://dx.doi.org/10.5937/bankarstvo2003145d.

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The article elaborates the legal basis for data processing provided in Article 12, item 6 of the Law on Personal Data Protection, Official Gazette of the Republic of Serbia no. 87 as of 13 November 2018. The article deals with the comparative advantages of implementing this legal basis in relation to others and provides a practical overview in terms of legitimate interest as an equivalent legal basis to other legal bases of data processing. Examples of good practice of the British Supervisory Authority for Personal Data Protection, as well as the practice of the Agency for Personal Data Protec

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Schneiderman, David. "Weber, Fuller, and Belief in the Legitimacy of Law." Max Weber Studies 24, no. 2 (2024): 183–216. http://dx.doi.org/10.1353/max.2024.a938237.

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Abstract: By what means are legitimate legal orders maintained? Weber described legitimacy as resting, in part, upon a ‘belief’ in legal authority. Two principal ways of understanding Weber’s description of legitimate law have been offered to date. The first ascribes to Weber an empty formality that is satisfied merely by the fact that law is duly enacted in accordance with rules previously laid down. The second reads Weber’s legitimate law as founded upon a normativity that is appealing to law’s subjects. There are, according to this second reading, reasons that sustain the legitimacy of lega

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Rizka Nadhira and Endah Hartati. "Pembatalan Perkawinan Karena Adanya Hubungan Saudara Sepersusuan dan Implikasi Hukumnya Terhadap Status Anak yang Dilahirkan: Studi Kasus Terhadap Putusan Pengadilan Agama Tembilahan No. 468/PDT.G/2023/PA.TBH." As-Syar i: Jurnal Bimbingan & Konseling Keluarga 7, no. 1 (2025): 171–84. https://doi.org/10.47467/as.v7i1.6179.

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Marriage, as defined by the Marriage Law, is a physical and spiritual bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family founded upon the belief in the One Almighty God. However, if a marriage does not fulfill the requirements for a valid marriage, it may be annulled. One of the grounds for annulment is the existence of a milk kinship between the husband and wife, which, under Islamic law, holds the same legal implications as a blood relationship. This research aims to analyze the case of marriage annulment adjudicated by the Religious Court o

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9

Duke, George. "Strong popular sovereignty and constitutional legitimacy." European Journal of Political Theory 19, no. 3 (2017): 354–74. http://dx.doi.org/10.1177/1474885117701602.

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Recent critiques of attempts to ground constitutional legitimacy in the constituent power of a strong popular sovereign have tended to focus upon the tension between strong popular sovereignty and central assumptions of liberal constitutionalism. Foremost among these assumptions are the need to reconcile disagreement regarding controversial matters of common concern and the value of the rule of law. The weakness of such critiques, however, is that they presuppose a commitment to liberal principles and values that an advocate of strong popular sovereignty need not share. In this paper, I argue

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10

Neo, Jaclyn, and Raeesa Vakil. "A Legality and Legitimacy Framework for Analysing (Unconstitutional) Constitutional Amendments." Asian Journal of Comparative Law 19, no. 3 (2024): 401–16. https://doi.org/10.1017/asjcl.2025.11.

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AbstractThis introduction to our special issue on ‘Constitutional Legitimacy and Amendments’ presents a framework for a more nuanced understanding of how constitutional change is contested, moving beyond the conventional notion of ‘unconstitutional’ constitutional amendments. We advocate for a clearer distinction between legality and legitimacy when analysing contestation over constitutional change, arguing that focusing exclusively on legality without addressing legitimacy risks oversimplifying constitutional debates and overlooking questions of broader political and social acceptance. We ide

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Kesdu, Souki Aditya Pratama, Erikson Sihotang, and I. Nyoman Suandika. "Legal Protection for Workers on Termination of Employment That Occurs Due to Force Majeure According to the Law - Labor Copyright Law." Jurnal Syntax Transformation 5, no. 8 (2024): 995–1001. http://dx.doi.org/10.46799/jst.v5i8.986.

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Labor has an imperative part as one of the supporting components in improvement. Making strides human quality cannot be accomplished without a certain ensure of life to be gotten, and moving forward the quality of labor and assurance of labor must be balanced to human respect. This consider points to analyze the Covid-19 widespread as a circumstance that qualifies as constrain majeure concurring to the Labor Law, and to look at the lawful results of end of work carried out on the grounds of drive majeure due to the Covid-19 widespread. The investigate strategy utilized is standardizing investi

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Poort, Tineke. "Male Captus, Bene Judicatus: disguised extradition and other practices." Leiden Journal of International Law 1, no. 1 (1988): 65–77. http://dx.doi.org/10.1017/s0922156500000686.

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On the basis of four ‘irregular’ extradition cases, the author demonstrates that states sometimes violate generally accepted rules of extradition law. Legitimate grounds for the refusal of, as well as procedural impediments to extradition are evaded -for instance by simply kidnapping the individual involved. Also, the so-called ‘disguised extradition’ is used by states, when expelling a person in stead of extraditing him, but in fact accomplishing the same result. Despite such apparent failures in the procedure of obtaining an individual (‘male captus’), states maintain that the individuals ca

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Miller, Anthony Michael. "A Libertarian Anarchist Analysis of Norman Geisler’s Philosophy of Government." Religions 15, no. 1 (2023): 23. http://dx.doi.org/10.3390/rel15010023.

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There are numerous approaches and conclusions regarding church and state relations and how Christianity affects public policy. Yet the purpose of this study is to question some of the philosophical assumptions and biblical interpretations that Christians hold to which support the state as a morally legitimate authoritative institution in the first place. This article will argue that various presuppositions regarding the state’s moral legitimacy are untenable, if not self-refuting. The philosophical commitments of a form of Christian Conservatism exemplified by Norman L. Geisler will be analyze

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Kaczor, Christopher. "A Defense of Conscientious Objection in Health Care." Proceedings of the American Catholic Philosophical Association 92 (2018): 41–58. http://dx.doi.org/10.5840/acpaproc202071499.

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In this essay, I defend rights of conscientious objection against various objections raised on deontological grounds of rights and entitlements as well as on consequentialist, utilitarian grounds. Udo Schuklenk and Ricardo Smalling in their article, “Why Medical Professionals Have No Moral Claim to Conscientious Objection Accommodation in Liberal Democracies” raise various objections, including the Objection from the Rights of Patients, the Objection from Monopoly, the Objection from Religion, the Objection from Untestability, and the Objection from Inconsistency. This article also responds to

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15

Evans, Malcolm D. "Lautsi v. Italy: An Initial Appraisal." Religion & Human Rights 6, no. 3 (2011): 237–44. http://dx.doi.org/10.1163/187103211x599391.

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The Grand Chamber Decision in Lautsi accords the State a considerable margin of appreciation to legitimate the display of religious symbols in classrooms on grounds of tradition. In doing so, however, it opens up new questions concerning the scope of state neutrality which remain to be resolved.

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WATTS, BETH, SUZANNE FITZPATRICK, and SARAH JOHNSEN. "Controlling Homeless People? Power, Interventionism and Legitimacy." Journal of Social Policy 47, no. 2 (2017): 235–52. http://dx.doi.org/10.1017/s0047279417000289.

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AbstractThere is intense debate over the legitimacy of interventions which seek behavioural change on the part of street homeless people. ‘Hard’ measures, such as arresting people for begging, are particularly controversial, but ‘softer’ interventions such as motivational interviewing have also prompted objections on grounds that they are paternalistic. At the same time, the ‘non-interventionist’ stance of some service providers has been accused of perpetuating harmful street lifestyles. Inspired by Ruth Grant's philosophically informed interrogation of the ethics of incentives, we propose a n

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Khokhlova, Alina Dmitrievna. "Protection of Lawful (Legitimate) Expectations as a Key Aspect of the Principle of Maintaining Public Trust in the Law and Government Actions: Foreign and Russian Approaches." Юридические исследования, no. 4 (April 2025): 78–92. https://doi.org/10.25136/2409-7136.2025.4.74320.

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The relevance of studying the principle of maintaining citizens' trust in the law and government actions stems from its pivotal role in ensuring the stability of legal systems and the legitimacy of state governance. The contradictions between, on the one hand, the principle of trust in governmental actions – demanding legal certainty and stability – and, on the other hand, the flexibility of state administration highlight the necessity for a systemic analysis of mechanisms implementing this principle. The study aims to identify theoretical and practical aspects of protecting legitimate (lawful

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18

Melekh, L., and B. Melekh. "Legitimacy of restrictions on the constitutional rights and freedoms of citizens and their protection in court." Analytical and Comparative Jurisprudence, no. 2 (April 29, 2025): 170–74. https://doi.org/10.24144/2788-6018.2025.02.23.

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The article is devoted to the current problem of protection of constitutional rights of citizens in court and their legitimate restriction. The essence of restrictions on fundamental human rights is to ensure legitimate interference of the state in the private autonomy of the individual in order to ensure the common good. The principle of the rule of law determines that fundamental rights can be restricted reasonably, only on legal grounds with compliance with the requirements of the principle of proportionality. It should also be noted that only the laws of Ukraine determine the legal regime

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19

Ispolinov, Aleхey S. "The Anatomy of the Crisis: Problems of the Normative Legitimacy of the International Criminal Court." Zakon 21, no. 2 (2024): 124–32. http://dx.doi.org/10.37239/0869-4400-2024-21-2-124-132.

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The article examines the issues of the normative legitimacy of the International Criminal Court, which is understood as the conformity of the creation and operation of the court with the norms and principles of international law, as well as with the conditions of consent of States regarding the status of this court, competence and jurisdiction formulated in the Rome Statute as the founding document of the court. The current practice of the ICC and the Prosecutor of the Court in some fundamental issues has clearly departed from the conditions for the exercise of their jurisdiction enshrined in

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20

Berg, Eiki, and Mihkel Solvak. "Muted differences: Entrenching legitimacy of the Bosnian statehood?" Cooperation and Conflict 46, no. 4 (2011): 460–81. http://dx.doi.org/10.1177/0010836711422465.

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The UNDP report The Silent Majority Speaks (2007) demonstrates widespread consent and a popular desire for change while promoting a single state with strong regions as a compromise model for Bosnia and Herzegovina (BiH). Surprisingly, our own research (2009) on political legitimacy reveals quite the opposite tendencies, where political entities such as the Federation of Bosnia and Herzegovina (FBiH) and the Republika Srpska (RS) more often drift apart than merge together. What strikes us is the fact that the FBiH, which advocates a more integrated state, does not necessarily have more legitima

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21

ANUCHINA, OLGA. "GROUNDS AND CONDITIONS FOR THE CONTINUATION OF CRIMINAL PROCEEDINGS IN THE EVENT OF THE DEATH OF A SUSPECT (ACCUSED)." Sociopolitical sciences 10, no. 2 (2020): 88–94. http://dx.doi.org/10.33693/2223-0092-2020-10-2-88-94.

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The death of a suspect (accused) is considered in the article not only as the basis for terminating the criminal case, but also as the factual basis for the continuation of the proceedings for rehabilitation. The necessity of protecting not only the rights and legitimate interests of the deceased as a subject of legal reality, but also the legitimate interests of the close relatives of the deceased, his heirs, in their absence - the defender, as well as accomplices of the crime, is determined. At the same time, we are talking about circumstances and conditions under which the criminal proceedi

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Szewczyk, Helena. "GROUNDS (CRITERIA) OF DISCRIMINATION IN THE LIGHT OF THE AMENDMENT TO THE LABOUR CODE OF 16 MAY 2019 IN THE CONTEXT OF INTERNATIONAL AND EU LAW." Roczniki Administracji i Prawa specjalny II, no. XXI (2021): 247–63. http://dx.doi.org/10.5604/01.3001.0015.6388.

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On 7 September 2019, another amendment to the Labour Code entered into force, which introduced, among other things, an open catalogue of the grounds (criteria) of discrimination. De lege lata enumeration of the grounds of discrimination in the Labour Code is illustrative regardless of whether such criteria pertain to personal characteristics of an employee, an employee’s life choices unrelated to their job, job performed by an employee or a legal status of an employer, etc. It means that any unequal treatment of employees not justified by objective reasons is now regarded as discrimination in

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23

Kosilova, O. "RESTRICTIONS OF THE POLITICAL RIGHTS AND FREEDOMS: REGULATORY GROUNDS, MECHANISM OF IMPLEMENTATION." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 114 (2020): 18–24. http://dx.doi.org/10.17721/1728-2195/2020/3.114-5.

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The article examines the problem of restriction of political rights and freedoms. It is emphasized that the protection against unlawful restrictions on political rights and freedoms is particularly important for the functioning of direct and mediatory democracy. The meaning of the concept of «restriction of rights and freedoms» is analyzed. The article addresses the basic principles which should not be violated when the restriction of rights and freedoms is applied. To achieve this goal, the author analyzes the rules of domestic law, the practice of the Constitutional Court of Ukraine, the rul

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Tatyanina, L. G., and S. Kh Mukhametgalieva. "APPLICATION OF PREVENTIVE MEASURES AGAINST A MINOR SUSPECT OR ACCUSED DURING THE PRELIMINARY INVESTIGATION." Bulletin of Udmurt University. Series Economics and Law 30, no. 6 (2020): 869–74. http://dx.doi.org/10.35634/2412-9593-2020-30-6-869-874.

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The article considers the grounds and conditions for making a decision on applying a preventive measure against a minor, and defines the grounds for choosing a specific preventive measure. The problems that arise in connection with the need to apply a preventive measure against a minor are highlighted. Conclusions are formulated on the settlement of problems that arise when solving questions about the application of a preventive measure against a minor suspect or accused, and the optimal solution is proposed. It is indicated that it is unacceptable to apply preventive measures in certain cases

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Parvanova, Eva. "Reforming the United Nations Security Council: cross-country analysis of a G-4 potential permanent membership." Journal of the Bulgarian Geographical Society 49 (November 28, 2023): 69–77. http://dx.doi.org/10.3897/jbgs.e109546.

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The paper uses methods of historical and comparative analysis and studies the functioning of United Nations Security Council (UNSC) since its establishment. It finds out, that the debate on the institutional performance is characterized by a consensus, i.e. the lack of reforms has led to the lack of its effectiveness. Nowadays, such a finding is even more evident, the aggressive war that one of the permanent members, Russia started against Ukraine, added new arguments of the same logic. The paper draws on secondary data to explore the weaknesses of the UNSC with a particular emphasis on the ne

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Parvanova, Eva. "Reforming the United Nations Security Council: cross-country analysis of a G-4 potential permanent membership." Journal of the Bulgarian Geographical Society 49 (November 28, 2023): 69–77. https://doi.org/10.3897/jbgs.e109546.

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The paper uses methods of historical and comparative analysis and studies the functioning of United Nations Security Council (UNSC) since its establishment. It finds out, that the debate on the institutional performance is characterized by a consensus, i.e. the lack of reforms has led to the lack of its effectiveness. Nowadays, such a finding is even more evident, the aggressive war that one of the permanent members, Russia started against Ukraine, added new arguments of the same logic. The paper draws on secondary data to explore the weaknesses of the UNSC with a particular emphasis on the ne

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27

Bopp, James, and Richard E. Coleson. "Webster, Vagueness and the First Amendment." American Journal of Law & Medicine 15, no. 2-3 (1989): 217–22. http://dx.doi.org/10.1017/s009885880001220x.

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The State of Missouri forbids the expenditure of public funds “for the purpose of encouraging or counseling a woman to have an abortion not necessary to save her life.” This provision is part of a comprehensive scheme adopted by Missouri to advance its legitimate state interest in preferring childbirth over abortion by ensuring that state funds, facilities and personnel are not used to promote abortion.This provision was invalidated by the United States Court of Appeals for the Eighth Circuit on the grounds that the language “encourage or counsel” was “void for vagueness and violative of the r

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Peter, Fabienne. "Pure Epistemic Proceduralism." Episteme 5, no. 1 (2008): 33–55. http://dx.doi.org/10.3366/e1742360008000221.

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ABSTRACTIn this paper I defend a pure proceduralist conception of legitimacy that applies to epistemic democracy. This conception, which I call pure epistemic proceduralism, does not depend on procedure-independent standards for good outcomes and relies on a proceduralist epistemology. It identifies a democratic decision as legitimate if it is the outcome of a process that satisfies certain conditions of political and epistemic fairness. My argument starts with a rejection of instrumentalism–the view that political equality is only instrumentally valuable. I reject instrumentalism on two groun

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Balchugov, Aleksey. "The Protection of Rights and Legitimate Interests of Victims in Criminal Proceedings Against Judges of the Constitutional Court of the Russian Federation." Siberian Criminal Process and Criminalistic Readings, no. 2 (36) (July 4, 2022): 60–67. http://dx.doi.org/10.17150/2411-6122.2022.2.60-67.

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The article examines some aspects of the protection of rights and legitimate interests of victims in criminal proceedings against judges of the Constitutional Court of the Russian Federation, analyzes the historical aspects of the emergence of the institution of constitutional control in modern Russia, examines the regulatory framework for the activity of judges of the Constitutional Court of the Russian Federation, examines the status of judges of the Constitutional Court of the Russian Federation, considers the criminal procedural grounds for proceedings on criminal cases against judges of t

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FAIST, Thomas. "IMMIGRATION INTO EUROPEAN WELFARE STATES: HOW CONFLICTS AND INEQUALITIES ARE (RE)PRODUCED." Monitoring of public opinion economic&social changes, no. 5 (November 10, 2018): 0. http://dx.doi.org/10.14515/monitoring.2018.5.13.

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Market liberalization in the EU serves as a basis for class distinctions among migrants, while restrictive immigration policies help in constructing certain immigrant culture(s) as a threat to homogeneity and welfare state solidarity Over the past few decades, the grounds for the legitimization of inequalities have shifted. Ascriptive traits (heterogeneities) have been complemented by the alleged cultural dispositions of immigrants and the conviction that immigrants as individuals are responsible for their own fate. Such categorizations start by distinguishing legitimate refugees from non-legi

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Hawthorne, Kevin. "Political Discourses at the End of Sophokles' Philoktetes." Classical Antiquity 25, no. 2 (2006): 243–76. http://dx.doi.org/10.1525/ca.2006.25.2.243.

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Abstract Sophokles' Philoktetes is a response to the oligarchic takeover and restoration of democracy in Athens in 411––10 BC. The play explores the grounds, strengths, and weaknesses of democratic discourse, and measures it against alternatives. The final agon between Neoptolemos and Philoktetes defines a model of legitimate persuasion (logos) that can replace Odysseus' sophistic and oligarchic modes of interacting with others. The deus ex machina, in turn, brings in an authoritative aristocratic discourse (muthos) that is superior even to democratic deliberation.

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Fedyunin, Anton, and Natalya Peretyatko. "Conceptual problems of the rehabilitation institute in criminal proceedings." Current Issues of the State and Law, no. 14 (2020): 278–86. http://dx.doi.org/10.20310/2587-9340-2020-4-14-278-286.

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We consider procedural and legal problems of ensuring the rights and legitimate interests of the rehabilitated person in criminal proceedings. The purpose of the work is to study the problems of industry affiliation of the rehabilitation institute, the grounds for rehabilitation, and analyze the phi-losophical and ethical categories that make up the legal basis of the rehabili-tation institution. We analyze the legislative regulation of the rehabilitation institution and identify contradictions in the current legislation in the studied sphere of legal relations, as well as focus on the possibi

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Trispiotis, Ilias. "TWO INTERPRETATIONS OF “LIVING TOGETHER” IN EUROPEAN HUMAN RIGHTS LAW." Cambridge Law Journal 75, no. 3 (2016): 580–607. http://dx.doi.org/10.1017/s0008197316000568.

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AbstractThe European Court of Human Rights (ECtHR) and the Council of Europe have recently recognised “living together” as a legitimate dimension of the rights of others that could justify limitations on various European Convention on Human Rights (ECHR) rights, including the rights to freedom of religion and respect for private life. This article argues that the important, yet still unexplored in human rights law, idea of “living together” stems from the republican ideal of fraternity and supplements the distinctive links between democratic principles and rigorous human rights protection. Eve

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Van Eeden, E. S., and L. M. Vermeulen. "Christian National Education (CNE) and People’s Education (PE): Historical perspectives and some broad common grounds." New Contree 50 (November 30, 2005): 29. http://dx.doi.org/10.4102/nc.v50i0.441.

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A recognition of the legitimate origins of the idea of Christian-National Education in a people’s struggle for freedom does not mean endorsing the idea as such. Especially in its later development, it seems that the ChristianNational idea has taken on wholly unacceptable features…For those who identify with the people’s education movement, the Christian-National idea will be a symbol of the system of oppression against which they now struggle so that it will be difficult for them to appreciate its origins in an earlier struggle against oppression that closely parallels their own.

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Mykhailichenko, Tetiana O., and Yuliia Yu Zabuha. "LAWFUL DEFENSE VS. NECESSARY SELF-DEFENSE: ANALYSIS OF INNOVATIONS IN THE NEW CRIMINAL CODE OF UKRAINE PROJECT." Poltava law review, no. 1 (November 20, 2023): 101–18. http://dx.doi.org/10.21564/2786-7811.1.290478.

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Today, the process of building our state continues, which is also accompanied by the approximation of Ukrainian criminal legislation to the European one. In particular, the draft of the new Criminal Code of Ukraine is currently being discussed. The article analyzed the provisions of the draft of the new Criminal Code of Ukraine, devoted to the individual's right to protection. The authors laid numerous innovations in the provisions on necessary defense (legitimate defense). Therefore, the purpose of this article is to identify the advantages and disadvantages of the provisions of Art. 2.9.2 «L

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Largier, Niklaus. "Mysticism, Modernity, and the Invention of Aesthetic Experience." Representations 105, no. 1 (2009): 37–60. http://dx.doi.org/10.1525/rep.2009.105.1.37.

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In this article I argue that Luther's critique of the radical reformers establishes a specific distinction between the spiritual and the secular. It excludes the use of inspired speech and mystical tropes from legitimate readings of the Bible and from the political sphere. In doing so, Luther's intervention not only neutralizes certain mystical traditions but also prepares the grounds for the use of mystical tropes in a new epistemological space, the realm of aesthetic experience and self-fashioning, and for the discussions about aesthetics in modernity.

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Malbin, D. A. "A Preventive Function of a Negatory Claim." Actual Problems of Russian Law 18, no. 7 (2023): 86–96. http://dx.doi.org/10.17803/1994-1471.2023.152.7.086-096.

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A negatory claim may be applied in case of violation of a subjective right. Giving the negatory claim an uncharacteristic preventive function for the purposes of protecting subjective property rights is not necessary, because the desired goal is achieved by using a different method of legal protection and in relation to another object of legal protection, namely, a legitimate interest. An owner is interested in ensuring that his subjective right is not violated. Therefore, he has an interest in third parties acting in such a way that a violation of his right would be excluded. A violation of s

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Zolka, Valentyn, Olha Tsarenko, Iryna Kushnir, Serhii Tsarenko, and Roman Havrik. "The Impact of the Pandemic Covid-19 on the Human Right to Freedom of Movement." European Journal of Sustainable Development 10, no. 1 (2021): 376. http://dx.doi.org/10.14207/ejsd.2021.v10n1p376.

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The article discusses the impact of the pandemic COVID-19 on the human rights, in particular, the right to freedom of movement and free choice of residence. The purpose of the article is to investigate whether the restrictions implemented to prevent spread of the infection were legitimate and necessary. The concept and content of the right to free movement according to Ukrainian legislation has been investigated. The legitimate grounds for restriction of human rights were analyzed. The state of compliance of Ukrainian legislation with the legislation of the EU and world standards was revealed.

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Parker, Michael. "When is research on patient records without consent ethical?" Journal of Health Services Research & Policy 10, no. 3 (2005): 183–86. http://dx.doi.org/10.1258/1355819054338960.

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Current regulations do not allow most low-risk research using patient records without patient consent. One of the main reasons adduced for this is that such research constitutes an unacceptable breach of confidentiality. By contrast, it is argued in this paper that it may, on occasion, be acceptable for confidentiality to be breached according to all three of the major ethical justifications for respecting patient confidentiality. In practice, the arguments against allowing research using patient records are usually grounded in claims about the link between confidentiality and respect for pati

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Di Nucci, Ezio. "I love my children: am I racist? On the wish to be biologically related to one’s children." Journal of Medical Ethics 44, no. 12 (2018): 814–16. http://dx.doi.org/10.1136/medethics-2017-104213.

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Is the wish to be biologically related to your children legitimate? Here, I respond to an argument in support of a negative answer to this question according to which a preference towards having children one is biologically related to is analogous to a preference towards associating with members of one’s own race. I reject this analogy, mainly on the grounds that only the latter constitutes discrimination; still, I conclude that indeed a preference towards children one is biologically related to is morally illegitimate because, in the context of parental love, biological considerations are nor

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Lawson, Tony. "Economics as a distinct social science ? On the nature, scope and method of economics L’économie, une science sociale distincte ?" Économie appliquée 50, no. 2 (1997): 5–35. http://dx.doi.org/10.3406/ecoap.1997.1630.

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Competing accounts of the nature, scope and method of economics persist in the economic literature. In this paper recent developments in the philosophy of science are drawn upon with the intent of throwing light upon the relative merits of prominent examples of competing positions. It is found that a critical synthesis of such positions in appropriate. It is also argued, perhaps contentiously, that 1) the dominant mainstream project be reduced to a non-explanatory aspect of the discipline, and 2) there are few legitimate grounds for regarding economics as a separate science.

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Parry, Jonathan. "Legitimate Authority and the Ethics of War: A Map of the Terrain." Ethics & International Affairs 31, no. 2 (2017): 169–89. http://dx.doi.org/10.1017/s0892679417000065.

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Despite a recent explosion of interest in the ethics of armed conflict, the traditional just war criterion that war be waged by a “legitimate authority” has received relatively little attention. Moreover, of those theorists who have addressed the criterion, many are deeply skeptical about its moral significance. This article aims to add some clarity and precision to the authority criterion and the debates surrounding it, and to suggest that this skepticism may be too quick. The first section analyzes the authority criterion and reveals that there are at least two distinct moral claims associat

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Fichtelberg, Aaron. "Identity politics and hybrid tribunals." Leiden Journal of International Law 33, no. 4 (2020): 993–1014. http://dx.doi.org/10.1017/s0922156520000412.

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AbstractMany of the conflicts that have led to the creation of hybrid tribunals were identity-based conflicts – people who identified as members of one tribe, race, ethnicity, or religion used these distinctions as grounds to attack and persecute another group who often responded in kind. This reality means that the criminal justice processes that take place in the wake of such conflicts must take issues of identity seriously to be effective. This article uses the notion of framing contests to examine different identity-based responses to international justice. Defenders of the tribunals seek

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Verseveld, J. L. van. "With the Wisdom of Hindsight." EC Tax Review 30, Issue 4 (2021): 189–98. http://dx.doi.org/10.54648/ecta2021020.

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Assessment of the time at which newly introduced or amended legislation takes effect is difficult. This is due to the possibility that some legal rules apply to situations existing before their entry into force. These rules are in principle retroactively applicable. The CJEU evaluates retroactivity of (tax) legislation based on a distinction between procedural and substantive rules. Procedural rules are held to apply to proceedings pending at the time when they enter into force. Substantive rules are usually interpreted as not applying to situations existing before their entry into force. Howe

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Westphal, Kenneth R. "Noumenal Causality Reconsidered: Affection, Agency, and Meaning in Kant." Canadian Journal of Philosophy 27, no. 2 (1997): 209–45. http://dx.doi.org/10.1080/00455091.1997.10717478.

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The lead question of Kant's first Critique, indeed his whole Critical Philosophy is ‘How is Metaphysics as a Science Possible?’ Neo-Kantian and recent Anglophone interpretations of Kant's epistemology have concentrated on the ‘Transcendental Analytic’ of the first Critique, and have taken Kant's positive and legitimate sense of metaphysics to concern the necessary conditions of our knowledge of mathematics, natural science, and of course, our common sense knowledge of a spatio-temporal world of objects and events. However, in the ‘Canon of Pure Reason’ in the first Critique Kant indicates quit

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Saxer, Martin. "Re-Fusing Ethnicity and Religion: An Experiment on Tibetan Grounds." Journal of Current Chinese Affairs 43, no. 2 (2014): 181–204. http://dx.doi.org/10.1177/186810261404300210.

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The relation between ethnicity and religion has had a troubled history in the People's Republic of China. Conflating religious practice with ethnic culture is considered to carry the risk of breeding “splittism” – especially in Tibet and Xinjiang. While in the post-Mao era the outright hostility against religion has given way to a religious revival, keeping religion and (nationality) politics separate has remained a major concern for the Chinese Communist Party. Religion is supposed to be a private matter that does not interfere with politics. Against this backdrop, a recent phenomenon in the

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LEBED, KONSTANTIN. "GROUNDS FOR CANCELING ILLEGAL JUDICIAL DECISIONS." Sociopolitical sciences 10, no. 3 (2020): 143–48. http://dx.doi.org/10.33693/2223-0092-2020-10-3-143-148.

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Task. The author of the article has set several tasks - identification, description and analysis of some judicial errors that are grounds for canceling court decisions in civil cases. To solve these problems, the content of grounds for cancellation and related features of the main properties of judicial decisions are studied. Model. To solve this task, it is necessary to investigate cases of erroneous application of legal norms by courts, which are the result of non-compliance with the requirements imposed by law to judicial decisions. Findings. The main procedural forms of protection of right

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Bahri, Amrita, Olga Starshinova, and Daria Boklan. "Joint Statement Initiatives: A Legitimate End to ‘Until Everything is Agreed’?" Journal of World Trade 57, Issue 2 (2023): 339–60. http://dx.doi.org/10.54648/trad2023014.

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At World Trade Organization (WTO), nothing is agreed until everything is agreed and until everyone agrees at the negotiating tables, and that ‘magic’ moment has been difficult to arrive at. Some WTO Members have argued that if all Members cannot move ahead together with the acceptance of new rules, the Members who are able and willing to move ahead should be provided with the required space to do so. Some Members have indeed chosen to push ahead as they have recently sought progress in negotiations through the Joint Statement Initiatives (JSIs). The JSI proponents claim that JSIs can contribut

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McLeod, Marah Stith. "Making Sense of Sentences." Federal Sentencing Reporter 34, no. 4 (2022): 245–50. http://dx.doi.org/10.1525/fsr.2022.34.4.245.

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Critics of mass incarceration and American punitiveness have called for a renewed focus on human dignity. They have proposed ways to make sanctions less severe and to ensure that punishments are more humanely administered. Attention to human dignity, however, also requires something else: greater attention to the humanity of offenders at the sentencing proceeding. Sentencing now is often a routine, unreasoned affair; even draconian sentences are sometimes imposed with little or no explanation of the goals they are meant to serve. Respect for dignity demands more than this. Judges should explai

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Sharp, Daniel. "Collective Self-Determination and Externalized Border Control." Global Justice : Theory Practice Rhetoric 15, no. 01 (2025): 96–127. https://doi.org/10.21248/gjn.15.01.325.

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According to a common argument in defense of border control, legitimate states have a right to exclude on grounds of collective self-determination. I argue that the value of self-determination can also serve as a basis for criticizing states’ immigration policies. Specifically, I contend that the externalization policies of states in the Global North often undermine the self-determination of peoples in the Global South. I identify five pathways by which externalization policies undermine self-determination. I conclude by tentatively suggesting some potential implications of this argument for b

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