The Post-Sovereign Constellation Law and Democracy in Neil by Agustín José Menéndez, John Erik Fossum

By Agustín José Menéndez, John Erik Fossum

Deliberate as a party of MacCormick's paintings, this is often an homage and salute during which participants adopt a severe reconstruction, revealing the connections of his writings, and furthering his insights in post-sovereign felony and democratic conception.

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Bullock and J. Raz, Clarendon, Oxford: Oxford University Press, 1994, pp. 238 ff. 21 See MacCormick, supra, fn 15, p. 24. 20 Changes and Continuities in MacCormick’s Concept of Law 35 22 the existence or valid creation of a specific instance of the institution”. Such flexibility (or defeasibility) of law and legal concepts depends upon among other reasons the elaboration of arguments of principles and policy. Legal rules’ meaning is not to be exhausted in their semantic content: they have a “point”— which is to be recognized and traced back to make sense of their application.

P. 28. MacCormick, supra, fn 5, chapter eight. 24 Ibid. 25 J. R. Searle, The Construction of Social Reality, Harmondsworth: Penguin, 1996, p. 36. 23 36 La Torre institutiions need a practice to precise p theirr range and sense s of app plication. But what kind of practice is thiis? It is clearrly a meanin ngful and juddgmental practicee, a series off conducts drriven througgh the conten nts of rules, but also through h their “poin nt” and the underlying u “iinterests” an nd values. “N Norms— 26 And Professo or MacCorrmick remiinds us— involve ju udgments”.

There is not only a tension between the different dimensions of juridification, but also an inner tension within each. The logical endpoint of juridification A for example, is a society run by the judiciary. At some point in moving towards such circumstances, the existing self understanding and legitimacy base of the legal system would be undermined. In the same way juridification B carried to far would undermine the very freedoms law is supposed to protect. Juridification C may in the end internalize moral, ethical and instrumental concerns to a degree where the responsibility for solving political disputes becomes indistinguishable from the application of law.

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