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Philosophical Studies - The basic axioms or formal conditions of decision theory, especially the ordering condition put on preferences and the axioms underlying the expected utility (EU) formula,... 相似文献
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Luca Baccelli 《Res Publica》2011,17(4):369-376
This paper offers a critical analysis of two central issues in Luigi Ferrajoli’s Principia iuris, and more generally of his theory of rights. One is the way in which ‘expectations’ play a crucial role in his deontic theory
by establishing the logical basis for his guarantee-based conception of law and rights. The axiomatic way in which Ferrajoli
arrives at his conception of fundamental rights is questioned, for it fails to give a full account of the nature of subjective
rights. The other issues discussed here is Ferrajoli’s own defence of the universality of fundamental rights, and how this
is made to depend on a ‘normative technique’ that one can associate with legal discourse and modern law in Western societies.
This, however, poses the problem of how this formal universalism can be reconciled with the intercultural dialogue that Ferrajoli
also advocates. 相似文献
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