Understanding the relationship between the U.S. constitution and the conventional rule of recognition
Küçük Resim Yok
Tarih
2011
Yazarlar
Dergi Başlığı
Dergi ISSN
Cilt Başlığı
Yayıncı
Maltepe Üniversitesi
Erişim Hakkı
Attribution-NonCommercial-NoDerivs 3.0 United States
info:eu-repo/semantics/openAccess
info:eu-repo/semantics/openAccess
Özet
Legal theorists specializing in constitutional theory have tended to regard positivism and other conceptual theories as irrelevant; the idea is that a theory of the concept oflaw cannot tell us anything that helps to solve substantive issues of constitutional theory. There is something to this complaint. A theory of the concept of law merely fleshes out the metaphysical implications of the social commitments governing use of the concept-term "law" - and tells us how to distinguishes something that is law from something that is not. But knowing how to do this does not seem to help answer the normative questions typically asked by constitutional theorists: it will not help answerthe question of how the constitution is properly interpreted orthe question of who should decide what the constitution means. About all an analysis of a concept can tell you is how to identify the things to which the concept applies, but our pre-theoretic understanding of the toncept is usually, by itself, enough to do this. Judges and lawyers do this all the time without having a worked out conceptual theory of law...
Açıklama
Anahtar Kelimeler
Understanding the relationship, U.S. Constitution, Conventional rule of recognition, Legal theorists, A theory of the concept of law, The concept of Validity Crileria, Conceptual foundations of positivism
Kaynak
Hukuk Felsefesini Yeniden Düşünmek: Hukuk Teorileri, İnsan Hakları ve Anayasalar
WoS Q Değeri
Scopus Q Değeri
Cilt
Sayı
Künye
Himma, K. E. (2011). Understanding the relationship between the U.S. constitution and the conventional rule of recognition. Hukuk Felsefesini Yeniden Düşünmek: Hukuk Teorileri, İnsan Hakları ve Anayasalar. (s. 113-142). İstanbul: Maltepe Üniversitesi.
