International institutions such as UNESCO are deliberating on a new standard setting instrument for neurotechnologies. This will likely lead to the adoption of a soft law document which will be the first global document specifically tailored to neurotechnologies, setting the tone for further international or domestic regulations. While some stakeholders have been consulted, these developments have so far evaded the broader attention of the neuroscience, neurotech, and neuroethics communities. To initiate a broader debate, this target article puts to discussion twenty-five (...) considerations and desiderata for recognition by a future instrument. They are formulated at different levels of abstraction, from the big picture to technical details, seek to widen the perspective of preparatory reports and transcend the narrow debate about “neurorights” which overshadows many richer and more relevant aspects. These desiderata are not an exhaustive enumeration but a starting point for discussions about what deserves and what requires protection by an international instrument. (shrink)

Autonomy is the central idea of modern practical philosophy. Understood as self-legislation, autonomy seems to require that the validity of norms depends on recognition, namely, that their addressees, being autonomous agents, recognise these norms to be valid. But how can one be bound by norms whose validity depends on their being recognised as valid by their addressees? The questions of how autonomous morality and, on this basis, the authoritative character of law can be understood, present persistent puzzles that have been (...) widely discussed, but still await a satisfactory solution. This book presents an analysis of the idea of autonomy as self-legislation and its consequences for law and morality. It links the idea of autonomy with the idea of the balancing of normative arguments, develops a notion of normative arguments as distinct from normative judgements and statements and explains claims to correctness and objectivity that are found in normative discourse. Thus, a 'logic of autonomy' emerges, and it is pervasive in normative reasoning. It connects theses regarding the logic of norms, the structure of balancing, human and fundamental rights, legal validity, legal interpretation, and the relations among legal systems, offering a theory of central elements of normative argumentation, a theory that is undergirded by the mutual relations that exist between and among its parts as well as through the relations that it bears to other theories. Moreover, it offers an alternative to Kantian notions of autonomy and provides solutions to problems that other theories have failed to master. (shrink)

This book addresses conflicts involving how law relates normative orders. The assumption behind the book is that law no longer automatically claims supremacy, but that actors can pick and choose which code to follow.

This volume provides a critical roadmap through the major historical sources of legal semiotics as we know them today. The history of legal semiotics, now at least a century old, has never been written (a non-event itself pregnant with semiotic possibility). As a consequence, its sources are seldom clearly exposed and, as word, object and meaning change, are sometimes lost. They reach from an English translation of the 1916 inaugural lecture of the first Chair in Legal Significs at the Amsterdam (...) University, via mid 20th century studies on "property" or "contract," to equally fascinating essays on contemporary semiotic problems produced by former students of the Roberta Kevelson Semiotics Roundtable Seminar at Penn State University 2012 and 2013. Together, the materials in this book weave the fabric of semiotics and significs, two names for the unfolding of semiotics in law and legal discourse at least until the second half of the 20th century, and both of which covered a lawyer's focus on sign and meaning in law. The latter is embedded within the cultural imperatives of the civilization that gave these terms meaning and made them an effective tool for the dissection of law, its reconstitution as an instrument to be used by the lawyer to advance the interests of her clients, and for judges as a means to restructure language as a narrative of law whose power could bend behavior to its strictures. Legal semiotics has become an indispensible part of the elite lawyer's toolkit and a fundamental approach to analysis of legal texts. Two previous volumes published in 2011 and 2012 explored the conceptual, methodological and epistemological progress in the field of legal semiotics, the modern forms of semiotics study, and the mechanics of meaning making processes by lawyers. Yet the great lessons of semiotics requires a focus on the origins of the concepts and frameworks that would become contemporary legal semiotics, its origins as an object of the consciousness of meaning making-one whose roots, as lessons for the oracular conversations of law, are expanded in this volume. (shrink)

Agency without Actors? New Approaches to collective Action is rethinking a key issue in social theory and research: the question of agency. The history of sociological thought is deeply intertwined with the discourse of human agency as an effect of social relations. In most recent discussions the role of non-humans gains a substantial impact. Consequently the book asks: Are nonhumans active, do they have agency? And if so: how and in what different ways? The volume offers a critical state-of-the-art debate (...) of internationally and nationally leading scholars within Sociology, Social Anthropology and STS on agency (Latour, Law, Michael, Rammert etc.). It fosters the productive exchange of empirical settings and theoretical views by outlining a wide range of novel accounts that link human and non-human agency. It tries to understand social-technical, political and environmental networks as different forms of agency that produce discrete and identifiable entities like humans, animals, technical artifacts. It also asks how different types of (often conflicting) agency and agents actors are distinguished in practice, how they are maintained and how they interfere with each other. (shrink)

This book examines the concept of meaning and our general understanding of reality in a legal and philosophical context. Starting from the premise that meaning is a matter of linguistic and other forms of articulation, it considers the inherent philosophical consequences. Part I presents Klages', Derrida's, Von Hofmannsthal's and Wittgenstein's explorations of silence as a source of articulation and meaning. Debates about 20th century psychologism gave the attitude concept a pivotal role; it illustrates the importance of the discovery that a (...) word is globally qualified as 'the basic unit of language'. This is mirrored in the fact that we understand reality as a matter of particles and thus interpret the real as a component of an all-embracing 'particle story'. Each chapter of the book focuses on an aspect of legal semiotics related to the chapter's theme: for instance on the meaning of a Judge's 'Saying for Law', on law students training in varying attitudes or on the ties between law and language. Part II of the book illustrates our general understanding of reality as a matter of particles and partitioning, and examines texts that prove that particle thinking is basic for our meaning concept. It shows that physics, quantum theory, holism, and modern brain research focusing on human linguistic capabilities, confirm their ties to the particle story. In contrast, the book concludes that partitions and particles are neither a fact in the history of the cosmos nor a determinant of knowledge and the sciences, and that meaning is a process: a constellation rather than a fixation. This is manifest once one understands meaning as the result of continuously changing attitudes, which create our narratives on cosmos and creation. The book proposes a new key for meaning: a linguistic occurrence anchored in dimensions of human narrativity. (shrink)

'An urgent and extraordinary book. Weaving a philosophical analysis of Heidegger, Agamben and Foucault, Jan draws out the implications of their thought for a radical analysis of the ontological politics of Islam and Pakistan. Whether writing about the 'Ulama and Deoband schools, blasphemy laws, the military, beards, or the Bamiyan Buddhas, Jan provokes and challenges our thinking while unearthing the ground on which Pakistan—and our world—are built.' —Joel Wainwright, Department of Geography, Ohio State University, USA 'In this exceptionally inventive and (...) important book, Jan shows us that the problems besetting political life in Pakistan are part of a more troubling crisis in modern forms of power. Challenging accounts that cordon off "political Islam" from "the West," Jan discloses their fundamental indistinction and thus, through his practice of critical ontology, reorients our understanding of how power and violence are at work in the world.' —Joshua Barkan, Department of Geography, University of Georgia, USA The Metacolonial State presents a novel rethinking of the relationship between Islam and the Political. Key to the text is an original argument regarding the "biopoliticization of Islam" and the imperative need for understanding sovereign power and the state of exception in resolutely ontological terms. Through the formulation of a critical ontology of political violence, The Metacolonial State endeavors to shed new light on the signatures of power undergirding postcolonial life, while situating Pakistan as a paradigmatic site for reflection on the nature of modernity's precarious present. The cross-disciplinary approach of Dr. Jan's work is certain to have broad appeal among geographers, historians, anthropologists, postcolonial theorists, and political scientists, among others. At the same time, his explication of critical ontology – with its radical reading of the interlacement of history, power and the event – promises to add a bold new dimension to social science research on Islamism and biopolitics. (shrink)

I argue that Goethe’s philosophy of nature can be presented in a vertical order of stages. By reading his natural philosophy as a system of hypostases, Goethe’s accentuation of a divine ground can be taken seriously. Related to the Neoplatonic hypostasis models, for Goethe the living organisms rest on a divine and metaphysical entity. It is a guiding argument of this article that the enigmatic and inexhaustible ‘Bildungstrieb’ (nisus formativus) of all-nature expresses itself in the respective primordial phenomena (Urphänomene). For (...) this purpose, the ‘Bildungstrieb’ uses the two authoritative laws of polarity (Polarität) and increase (Steigerung). These laws form the second level of the graduaded order. The sphere of the diverse Urphänomene can thus be marked as the third level. They are themselves dependent on the Bildungstrieb and the principles of increase and polarity. (shrink)

La recherche récente a régulièrement remis en cause la catégorie moderne de « lois sacrées » désignant des inscriptions grecques qui forment un ensemble mal défini. Cet article entend dépasser le corpus traditionnel des « lois sacrées » en présentant un projet de recueil alternatif de « Normes rituelles grecques » (CGRN pour l’acronyme anglais), qui s’appuie sur des critères plus sélectifs et sera publié en ligne.

Can the law benefit from an evolutionary perspective? This little book shows how the idea of survival of the fittest can help explain legal development and the rise and fall of legal institutions. The reader is invited to join in on a journey of discovery in which the world of Darwin is connected to the topics of legal change, convergence of law, legal complexity, law in hip-hop music and the adoption of the price-payment rule. Exploring these five themes from an (...) evolutionary angle indisputably upsets our traditional view of the law, but it does fit the author's view of academia as a place for cross-disciplinary research steered by curiosity. (shrink)

This paper analyses recent calls for so called “neurorights”, suggested novel human rights whose adoption is allegedly required because of advances in neuroscience, exemplified by a proposal of the Neurorights Initiative. Advances in neuroscience and technology are indeed impressive and pose a range of challenges for the law, and some novel applications give grounds for human rights concerns. But whether addressing these concerns requires adopting novel human rights, and whether the proposed neurorights are suitable candidates, are a different matter. This (...) paper argues that the proposed rights, as individuals and a class, should not be adopted and lobbying on their behalf should stop. The proposal tends to promote rights inflationism, is tainted by neuroexceptionalism and neuroessentialism, and lacks grounding in relevant scholarship. None of the proposed individual rights passes quality criteria debated in the field. While understandable from a moral perspective, the proposal is fundamentally flawed from a legal perspective. Rather than conjuring up novel human rights, existing rights should be further developed in face of changing societal circumstances and technological possibilities. (shrink)

Robert Boyle (1627-91) was at the centre of the scientific revolution of the seventeenth cventury. While most of us were first introduced to Boyle as an historical figure in chemistry, he was first and foremost a philosopher committed to experimentalism in natural philosophy. He was a forward thinker, anticipating the direction of human philosophical and scientific endeavours. He was thinking about issues that are currently hot topics in philosophy and social policy, e.g. the importance of science in benefitting humanity, the (...) need to make the recipes for medicines publicly available, the connections between science and ethics, the tensions between science and religion, just to name a few. Moreover, Boyle was providing important philosophical guidance on each of these topics. He is not merely a relic of the past whose only claims to fame are his ideal gas law and an improved vacuum pump; he is a leader in experimental philosophy whose interests span nearly the whole range of philosophical topics, including morality, philosophy of religion, natural kinds, causation, epistemology, and the philosophy of science. Boyle was not only the most prolific English author in the scientific revolution of the seventeenth century, he was arguably the most influential natural philosopher of the period. His impact on chemistry and experimental science is important and well documented, but other aspects of Boyle’s philosophical thought are less widely known, and yet clearly influenced the natural philosophy, natural theology and philosophy (broadly speaking) of the seventeenth and eighteenth centuries. To conclude, as many scholars do, that he was an important influence in the formation of the experimentalist and empiricist traditions and a vital source for understanding subsequent philosophical developments, would be true but it would also be selling him short. -/- There are two main aims of this volume. First, to give students and researchers of Boyle ready access to the wide array of philosophical topics that Boyle addressed and thereby present a more complete and systematic picture of both Robert Boyle and his philosophical contributions. Second, to present in one place the best current research on the philosophy of Robert Boyle that takes into account the last thirty years of scholarship and points us toward the next thirty years. These two aims also inform the choices of chapter topics. (shrink)

The ability to anticipate the future is of great benefit to any organism. Whenever such a foreseeing takes place, it typically happens because an organism has been able to learn about some regularity in the past and then uses this information to expect some happenings in the future. Modern human beings have perfected this capacity far beyond any other animal by getting to know the laws by which nature operates. But it is still based on past experience that even human (...) beings are able to say something about the future. So every form of anticipation of the future relies on inductive reasoning based on knowledge of causal processes in the past. Both these processes and the processes by which we learn to anticipate the future are common in the sense that it is always an earlier cause that brings about a later effect. The ability to anticipate depends on the fact that our cognitive faculties only work on information that stems from the past. Had it been possible for us to receive reliable information about the future, the ability of anticipation might not have existed or might have been less faulty than it sometimes is. (shrink)

Bertrand Russell once pointed out that modern science doesn’t deal with causal laws and that assuming otherwise is not only wrong but such thinking is erroneously thought to do no harm. However, looking into the scientific practice of simulation or experimentation reveals a general causal comprehension of physical processes. In this paper I trace causal experiences to the existence of innate causal capacity by which we organize sensory information. This capacity, I argue, is something we have got in virtue of (...) natural selection as can be seen from experiments with intelligent animals like crows and chimpanzees. So understanding the empirical world is impossible without the use of causal categories. The reason why Russell believed that modern science does not refer to causal laws is, I think, because he argued that the laws of mathematical physics give us a non-causal description of reality. In contrast to such a claim I hold that theoretical laws are prescriptive rules of description rather than descriptions themselves. (shrink)

In this paper, I defend the possibility that law is a functional kind by replying to objections from Leslie Green and Brian Tamanaha. I also show how Kenneth Ehrenberg’s approach to law’s functions in his latest book concedes too much to these objections. A functional kinds approach to law is possible and, for someone interested in showing the importance of law’s functions, preferable. I first explore Tamanaha’s objection and show that the possibility of functional equivalents does not pose a problem (...) for a functional kinds account of law. I then respond to Green by showing that law is more distinctively identified by its function than by the means by which it achieves this function. I quickly explore a lesser objection dealing with how law can pursue a variety of ends while having the same function the whole while. I then turn to an issue Ehrenberg raises regarding thinking of the law as having a plurality of functions like a Swiss Army knife. Finally, I show that Ehrenberg’s approach to the relationship between law and its functions is unnecessarily weak, as it avoids holding that law's nature or essence is its proper function for similar reasons to Green and Tamanaha. (shrink)

This paper is my commentary on Raymond Tallis’ book Freedom: An Impossible Reality (2021). Tallis argues that the laws described by science are dependent on human agency which extracts them from nature. Consequently, human agency cannot be explained as an effect of natural laws. I agree with Tallis’ main argument and I appreciate that he helps us understand the systematic importance of a human-scale breadth of view regarding any theoretical investigation. In the main part of the paper, I critically comment (...) on Tallis’ interpretation of several more loosely associated topics from a phenomenological perspective. Firstly, I reconsider Tallis’ account of intentionality as a factor that opens a distance between the cognizer and the world. Whereas Tallis emphasizes that agency requisitions aspects of the world to achieve its goals, I point out that agency does not determine the meaning of things unidirectionally and independently of all context. A self-controlled agency is provisionally reached through a process of ‘deindexicalization’ of our passive intentional capacities, that is, by creating and maintaining new, different worldly contexts. Subsequently, I analyze Tallis’ description of our intentional relation to spatiotemporally distant possibilities. In my view, Tallis underestimates the extent to which our intentional relation to possibilities is pre-reflexive and pre-predicative and hence independent of propositional attitudes. Finally, I consider Tallis’ interpretation of nature and show that it is deeply influenced by the sciences of nature. In contrast, I argue that agency can be properly described only if we understand it as an intervention in a lifeworld already imbued with sense, not merely a physical or material nature. (shrink)

Freedom of thought is a fundamental human right, enshrined in many human rights treaties. It might very well be the only human right without any practical application. The paper reconstructs scope and meaning of this forgotten right and proposes four principles for its interpretation. In the age of neuroscientific insights and interventions into mind and brain that afford to alter thoughts, the time for the law to define freedom of thought in a way that lives up to its theoretical significance (...) has come. (shrink)

Punishment of offenders is one of the most universal features of human behavior. Across time and cultures it has been common for people to punish offenders, and one can easily find examples of punishment among ancient hunter-gatherers, in holy scriptures, in popular culture, and in contemporary courts of law. Punishment is not restricted to criminal offenders, but emerges within all spheres of our social life, including corporations, public institutions, traffic, sports matches, schools, parenting, and more. Punishment strongly influences what we (...) think, how we feel, and what we do. The Moral Punishment Instinct asserts that people possess a hard-wired tendency to aggress against those who violate the norms of their group. We have evolved this instinct because of its power to control behavior by curbing selfishness and free-riding, thereby providing incentives to stimulate the mutual cooperation that ancient hunter-gatherers needed in order to survive in challenging natural environments. In this book, Jan-Willem van Prooijen methodically describes how punishment originates from moral emotions, stimulates cooperation, and shapes the social life of human beings. Guided by a host of recognizable and relatable examples, this book illuminates how the moral punishment instinct manifests itself among a variety of modern human cultures, children, tribes of hunter-gatherers, and even non-human animals-all while accounting for the role of this instinct in religion, war, racial bias, restorative justice, gossip, torture, and radical terrorism. (shrink)

Many critics view Irigaray's work as an extension or deconstruction of a Lacanian paradigm. Few actually analyse it as a direct challenge to Lacanian concepts of symbolic subjectivity, and the consequent, alternative framework this would envisage. This article discusses a poss ible beyond the phallus, in relation to mediating concepts of the female imaginary and symbolic within her work, and an understanding of the female imaginary and symbolic within different feminist interpretations of the maternal imaginary and symbolic, arguing that the (...) imaginary is crucial in delineating a non-separatist cultural sublimation of female desire. Feminist revisions of the Oedipal by Jessica Benjamin and Kaja Silverman are examined in relation to the question of a maternal imagin ary and symbolic. Irigaray objects to Silverman's privileging of a Lacan ian concept of symbolic castration because it cannot negotiate between the literal relation to the body, and the metaphors and language of our cultural symbolic. Her female imaginary and symbolic provide this mediating link in direct challenge to the overly literal penis of Freud's castration complex and the essentially metaphorical nature of Lacan's phallus. Her mediation is related to the work of diverse psychoanalytic thinkers such as Andrew Samuels, Cornelius Castoriadis and Anthony Elliott. Returning to a feminist reading by Margaret Whitford, this article finally negates a Lacanian understanding of these structures and goes on to explore Irigaray's creative bodily imaginary, within two of her papers on analytic practice. Elaboration of a bodily and creative imaginary within the clinical setting can represent necessary mediation between real and symbolic and between the psyche and culture: this HISTORY OF THE HUMAN SCIENCES Vol. 10 No. 2 @ 1997 SAGE Publications (London, Thousand Oaks and New Delhi) pp. 41-60 [0952-6951(199705)10:2] mediation is personified through the hysteric, not through the Oedipal Law of the Father, which is finally the key question in culturally locat ing female desire, thereby connecting the theory of psychoanalysis with practice and with history. (shrink)

The 1980 state reform is unsatisfactory for two main reasons. It remained unfinished on crucial points, e.g. the definitive settlement for the Brussels region and the transformation of the senate into a chamber for regions and communities. As the preparations for a revision of the constitution, necessary for such a change in the senate's assignment, have not even started, the independance of regions and communities has remained a dead letter.Secondly, the laws which should have executed the state reform concerning the (...) competence-division between central, regional and communal government, remain obscure on many instances. No homogeneous policy-packages have been transfered to the communities or to the regions ; moreover in the transfered policies certain parts were reserved for the central government and finally the limits between the several fields of competence are far from clear-cut.The result is policy-dispersion, endless competence-conflicts and immobility. The fundamental question remains whether the equivalence of central laws and regional and communal laws is a correct decision, or whether one should return to a hierarchy between the different policy-levels. (shrink)

From November 16, 1945 tilt ]anuary 8, 1946, the Flemish wing of the UDB, a newly founded political party, published a newspaper in Dutch «De Nieuwe Wereld».An analysis of articles and columns indicates the options the UDB intended to follow : rather leftist but rejecting the traditional party system and religious adherence as a lawful issue for political discussion and action, solliciting people's union as an acquisition earned during World War II by opposing the German occupation.Presumably due to financial shortcoming, (...) the newspaper subsisted only two months. (shrink)

Belgian Constitution needs a face-lifting. The right of information, both active and passive, must be recognized, along with a prohibition ofcensorship; this right implies the right of free communication and freedom of the media. It also implies the abolition of the notion press-delict and of special administration of criminal law.Legislation too has to be actualized: expansion of the right of answer to all means of communication.Furthermore, introduction of the duty of speech for anyone who holds information that may concern the (...) community.Finally, the need for a law protecting the privacy of the citizen, including protection from aggressive use and misuse of data banks, spying pratices and suchlike. (shrink)

This article examines the political perspective of corporate social responsibility from the standpoint of normative Islam. We argue that large firms within Muslim majority countries have the moral obligation to assist governments in addressing challenges related to sustainable socioeconomic development and in advancing human rights. In substantiating our argument, we draw upon the Islamic business ethics, stakeholder theory, and corporate governance literatures, as well as the concepts of Maqasid al Shariah (the objectives of Islamic law) and fard al ‘ayn (obligation (...) upon all individuals within society) versus fard al kifayah (obligation upon some individuals within society) to introduce a normative model elucidating critical Islamic precepts. Finally, we propose an Islamic “political” corporate governance framework, which democratizes firm decision making by embedding “core” stakeholders, nongovernmental organizations (NGOs), and Shariah scholars in the corporate board, thereby enhancing the ability of businesses to respond to stakeholder concerns and priorities, while mitigating interstakeholder and intraboard power asymmetries. (shrink)

Abstract. The article discusses the importance of three extra-legal sources—divine inspiration, natural law, and morality—for a full understanding and effective application of law. Each source is seen as vital due to its ability to compensate for the shortcomings of the other two sources. No source, including belief, is seen as necessarily incompatible with the doctrinal pluralism characteristic of modern societies.

Summary This article examines the complex nature of post-war Italian political thought, stressing the importance of Italy's unusual institutional and historical political arrangements, but also the vibrancy of its political ideologies in this period. In the past it has often been argued that the dysfunctional nature of post-war Italian democracy with its rapidly changing governments, and widespread corruption—which nonetheless coexisted with the one party, the Christian Democrats, being constantly in power—led to the atrophying of political theory in general, and political (...) ideologies in particular. But this picture is strongly disputed here—on the contrary it is argued that Christian Democratic, Left and liberal political ideologies were all complex and interesting. Thus if Christian democracy should ultimately be seen as an ‘ideology of transition’ which existed to help Catholicism adapt to the parameters of modern mass democracy, and which lacked a thinker of the calibre of Jacques Maritain, it nevertheless contained within it important debates on the role of the state, between such interesting thinkers as Giuseppe Dossetti and Alcide De Gasperi. And if anything, political thinking on the Left in the post-war period was even more complex, with visceral debates within the (large) Communist Party (PCI) over whether to work within the law—between such thinkers as Palmiro Togliatti and the Il Manifesto group. Equally on the more revolutionary Left, there were important debates about how quickly capitalism could be made to collapse through revolutionary action between thinkers such as Raniero Panzieri and his more radical disciples, Mario Tronti and Antonio Negri, while later, due to the general failure of these revolutionary efforts, post-modern thinkers such as Gianni Vattimo sought to abandon grand metaphysical narratives, whilst retaining a commitment to Left of centre political commitments. Finally, although not part of a widespread mass movement, the liberal thought of Norberto Bobbio was also highly interesting and sophisticated—borrowing from Hobbes and Kelsen, he sought to advocate a modest form of liberal democracy which allowed for civilised forms of conflict, and the protection of minorities, and which rejected the contention of Marxists that civil rights could not be distinguished from economic ones. Overall, if normative aspirations in post-war Italian politics were often frustrated in practice, this was certainly not due to any lack of theoretical vibrancy. (shrink)

It has frequently been observed in the literature on hybrid wars that there is a grey zone between peace and war, and that hybrid wars are conflicts which are not clear cases of war. In this paper, I attempt to illuminate this grey zone and the concept and nature of war from the philosophical discussions of vagueness and institutional facts. Vague terms are characterized by the fact that there is no non-arbitrary boundary between entities which lie in their extension, and (...) entities which do not lie in their extension. I apply a theory of vagueness to notions such as “war” and “peace” and go on to suggest that the exact boundary for what counts as a war or not is arbitrary. However, the context in which the conflict occurs determines a range of possible locations for this boundary. The most important contextual parameter is in this respect how the parties to the conflict themselves conceptualize the conflict. I suggest that this can in various ways help us understand grey-zone conflicts. (shrink)

It will be argued, firstly, that there is a link between the legal validity of a norm and the rational justifiability of a requirement that judges should apply this norm, based on a normative conception of legal validity and the postulate that judges should act as rational persons; secondly, that rational justifiability of legal norms requires the construction of a legal system in a model of principles that differs from theories, e.g., of Kelsen, Hart, Dworkin and Alexy, which are not (...) fully adequate for a normative conception of law. (shrink)