Archives - Page 2

  • Moral Dilemmas and Law
    Vol. 8 (2008)

    This issue of Discussions features a text by David Martínez Zorrilla on moral dilemmas and the Law in which the author approaches the puzzle of moral dilemmas from the perspective of normative systems. The work is commented with insight and depth, by authors such as Manuel Atienza, Guillermo Lariguet, Daniel Mendonca, and Eduardo Rivera López.

  • Compelling necessity and duties of tolerance
    Vol. 7 (2007)

    Two problems have served as the axis for the analysis of rights in this last century. In the first place, a greater concern for the precision of the meaning of that term and its connections with other expressions of our conceptual networks, e.g. duties, responsibility, etc. Second, a deep debate about the foundation of rights. This issue of DISCUSSIONS, dedicated to the problem of the foundation of compelling necessity and the duties of tolerance, is a paradigmatic example of these characteristics of the contemporary debate.

  • Law and Authority
    Vol. 6 (2006)

    Starting from Rosenkrantz's main article the volume addresses the complex question in practical philosophy concerning the relationship between law and authority. To assert the existence of law implies to assert its binding force, at least pro-tanto. Furthermore, under certain assumptions identified in the paper, the law could be binding even for persons which are victims of some economic and social injustice. Rosenkrantz's enterprise is philosophical as well as normative. He advances a concept of law which implies the idea of authority, in the sense of something capable to give at least pro tanto reasons for action.

  • Discusiones Razones y normas

    Reasons and Norms
    Vol. 5 (2005)

    Starting from Redondo´'s main article the volume addresses the complex question in practical philosophy concerning the relation between reasons and norms. One of the key points is to clarify if, and in which way, general norms can deliver reasons for action. Under the assumption that general norms are intended to motivate their addressees, they are ideal candidates to be taken as reasons for action.   Notwithstanding, this simple and direct connexion gives rise to multiple questions and problems which have stimulated deep controversies in moral and legal philosophy.

  • Social Rights
    Vol. 4 (2004)

    In the main article of this issue, introduced by Claudio Michelon, Jr., Fernando Atria argues that the concrete implementation of some of the most important ideals of a progressive agenda, especially equality in the distribution of certain types of goods, cannot occur through the effective justiciability of social rights. This central thesis and others on which it is based are commented upon and discussed by Carlos Bernal Pulido, Juan Antonio Cruz Parcero, and Roberto Gargarella.

  • Evidence, Knowledge and Truth
    Vol. 3 (2003)

    Probably, one of the factors that stimulated the theorization on the way facts are proved in the legal context has been the influence of the work of Michele Taruffo, professor at the University of Pavia. This issue of Discusiones also revolves around a work by this author, "Algunas consideraciones sobre la relación entre prueba y verdad", where he presents his main opinions on the relationship between the concept of proof and truth. In turn, this article is commented on, developed and nuanced by Marina Gascón, Perfecto Andrés Ibáñez, and Andrés Bouzat and Alejandro Cantaro. Taruffo then writes a reply.

  • Unconstitutionality and Derogation
    Vol. 2 (2001)

    The essays included in this volume examine the act of declaration of unconstitutionality and its relationship with the act of repeal of norms. Based on an initial evaluation proposed by Rodríguez, Orunesu, and Sucar regarding both acts, the discussion is expanded and nuanced through contributions from Schmill, Guastini, Ezquiaga, and Perot. Beyond the specific coincidences and discrepancies, all the works share the common aim of providing a theoretically adequate conceptual reconstruction of legal operators' intuitions and fruitful in their daily practice.

  • Rights and Constitutional Justice
    Vol. 1 (2000)

    Contemporary moral philosophy provides important insights into the debate about the role of individual rights. The core of these individual rights has been called "coto vedado" to highlight their independence from political arguments. Some of the central concerns of the theories that attribute moral rights to individuals are the following: what consequences are derived from this attribution of rights for a community's institutional design? In what way may this core of individual rights be legally protected?; Is it convenient to introduce the rights collected in the "coto vedado" into principles of constitutional hierarchy? This volume offers an analysis of these problems.

26-33 of 33