Legal Theory and Dialectically Contingent Justifications for the Principle of Generic Consistency

Ratio Juris 9 (1):15-41 (1996)
  Copy   BIBTEX

Abstract

It is argued that accepting that there are human rights, or that there are categorically binding requirements of any kind on action, logically requires accepting the PGC (Principle of Generic Consistency) as the supreme criterion of practical reasonableness.Consequently, all legal systems that recognise human rights (hence, the English legal system), all who view law as a matter of obligation, and all who consider that there are categorically binding requirements on action, must take the PGC to be a necessary criterion of legal validity. Conventions on human rights must, as conventions on human rights, be interpreted to conform with the PGC.

Links

PhilArchive



    Upload a copy of this work     Papers currently archived: 91,349

External links

Setup an account with your affiliations in order to access resources via your University's proxy server

Through your library

Similar books and articles

Facing the Consequences.Nathan Hanna - 2014 - Criminal Law and Philosophy 8 (3):589-604.

Analytics

Added to PP
2010-09-11

Downloads
48 (#322,994)

6 months
5 (#652,053)

Historical graph of downloads
How can I increase my downloads?