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Let us consider, for example, his claim that, through using practical reason, human beings are led to think of conscientiousness--which, he recalls, is also named religio--"as accountability to a holy being (morally lawgiving reason) distinct from us yet present in our inmost being" (MS 6:440).
As such, rights cannot be amended through ordinary lawgiving.
And because the right to dignity is a kind of equality right, there is something jarring about a legal order that conforms to a considerable degree to the ideal of the individual as "a lawgiving member in the kingdom of ends," but does not recognize the right of the same person to participate in the process of enacting the laws that provide the framework in which she make laws for herself.
employ their domestic lawgiving apparatus however they see fit by
38) all majoritarian lawgiving must be consistent with the foundational values that underlie the democratic order.
Harris is unmoved because, as he points out, "we can easily think of objective sources of moral order that do not require the existence of a lawgiving God.
The idea behind the consideration of such materials is that the touchstone of interpretation should be the intention of the lawgivers; thus, if the text of the law itself is ambiguous, courts may consider statements made in the lawgiving process by or on behalf of the lawgivers to clarify what their retentions were.
Promised Lands: From Colonial Lawgiving to Postcolonial Takeovers in Fiji.
Schechter believed in a lawgiving God and a law that actualized through the interpretive act which constituted the heart of Jewish civilization, i.
If, however, a government were to follow the lead of the Alabama Supreme Court and surround the document with other lawgiving texts, such as the Magna Carta and the Bill of Rights, (320) the result would not be so clear according to the reasonable person test.
For the only fathers in Laclos's text are parodic, travesties of the lawgiving patriarchal figure.
And one cannot say: the human being in a state has sacrificed a part of his innate outer freedom for the sake of an end, but rather, he has relinquished entirely his wild, lawless freedom in order to find his freedom as such undiminished, in a dependence upon laws, that is, in a rightful condition, since this dependence arises from his own lawgiving will.