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The legal philosophies of Lask, Radbruch, and Dabin

Cambridge,: Harvard University Press (1950)

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  1. A Perspective of Objectivity in International Human Rights Treaties.Jingjing Wu - 2020 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 35 (2):369-390.
    In this paper I argue that there is objectivity in international human rights law, against which the justifiability of arguments can be determined, and which could advance the universality versus relativity of human rights debate. Revisiting the three schools of treaty interpretation and applying the three elements of Radbruch’s rule of law, I discuss how the interpreter’s job of balancing those schools has limited room for manoeuvre. I further propose an approach to help jurists detect unjustifiable arguments in treaty interpretation, (...)
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  • Book Review: The English Heidegger. [REVIEW]Stephen Turner - 2005 - Philosophy of the Social Sciences 35 (3):353-368.
    Terry Nardin’s book on Oakeshott is an attempt to compare him to other 20th-century philosophers and to track the development of his philosophical thought. The project of comparison is made relevant by the fact that Oakeshott’s philosophy, like that of Heidegger and others, was the product of the dissolution of neo-Kantianism. Nardin stresses the idea of “modal confusion,” meaning responding to a question of one kind with an answer appropriate to another kind of inquiry, as a key to Oakeshott’s thought (...)
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  • Book Review: The English Heidegger. [REVIEW]Turner Stephen - 2005 - Philosophy of the Social Sciences 35 (3):353-368.
    Terry Nardin’s book on Oakeshott is an attempt to compare him to other 20th-century philosophers and to track the development of his philosophical thought. The project of comparison is made relevant by the fact that Oakeshott’s philosophy, like that of Heidegger and others, was the product of the dissolution of neo-Kantianism. Nardin stresses the idea of “modal confusion,” meaning responding to a question of one kind with an answer appropriate to another kind of inquiry, as a key to Oakeshott’s thought (...)
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  • Particular Reasoning versus universal human rights: A case of China.Wu Jingjing - unknown
    In this paper, I argue that there is objectivity in the international human rights law, against which the justifiability of arguments can be determined and the universality vs. relativity of human rights debate could be taken a step further. I propose an optimising approach for treaty interpretation, point out that there is epistemic objectivity residing in this approach, and analyse China’s relativism arguments on Article 1 of the Convention against Torture to elaborate above points.
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