By Francesco Carneulutti
ISBN-10: 9587110765
ISBN-13: 9789587110760
Una obra es primary en el campo jurídico, cuando representa una evolución del punto de vista ya aceptado, o constituye una reafirmación de éste dentro de una marco de enriquecimiento interactivo.
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Sample text
The Unity of Value As noted above, Raz’s contributes the lone entry in our volume’s first section. xii) research agenda comprising questions that Dworkin has left for us. To this end, Raz sets out a general statement of the unity of value thesis and then explores two interpretations of it. As a preface to his statement of the unity of value thesis, Raz notes that Dworkin’s termvalue refers to a broad normative category that includes reasons, norms, virtues, and values in the narrower, more common sense of the term.
Our guiding principle in this regard is that the volume’s final section should comprise contributions that focus on the fundamental structure and values of discrete bodies of law. Thus, for example, we grouped Halliday’s piece with the contributions pertaining to Dworkin’s political philosophy rather than the volume’s final section on the grounds that although his piece has implications for the justice of tax policy and laws governing intergenerational transfer, its primary objective is not to explicate the fundamental structure or underlying defining values of a discrete body of law.
Second, violating those norms is an affront to the dignity of those who accept and conform to such obligations, for such violations are failures of reciprocity that render others’ unrequited conformity to the practice a tacit denial of their equal worth. 22 However, this qualification introduces yet a further tension. On the one hand, respect for human dignity requires conformity to the extant laws of the community despite their imperfections, yet on the other, it might be that by disobeying those laws one might contribute to efforts that might lead the community to a more perfect appreciation of the equal worth of its citizens.