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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. Further, the judiciary is empowered not only to determine whether ordinary laws conform to constitutional rights, but also to invalidate laws that do not.
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.
"speaks law." The sovereign's unique lawgiving voice is
Mr Berlusconi was accused of corruption - but his case was frozen last year after his government passed a lawgiving legal immunity to top officials, including the premier.
In a system of parliamentary supremacy, the judiciary has no standing on which to constrain majoritarian lawgiving for the purposes of rights-protection.
In his Anthropologie yon einer pragmatischen Einsicht, for example, Immanuel Kant refers to the "undeniable passivity of sensibility," which simply delivers sensual data to the "lawgiving understanding" (K 7: 144).
Plato next moves the conversation away from the example of piloting a ship to what genuinely concerns him here: lawgiving and founding a colony successfully.
In morality, the freedom of the will agrees with itself qua reason through its own rational lawgiving; in beauty, it is as if the imagination was giving law in accord with the lawful dictates of the understanding, leaving them outside of their normal hierarchical relationship.
As she and her companions journeyed, they sought out holy men who could "show us every place written about in the Bible." (63) At Mount Sinai a priest read to them the account of the lawgiving from the Book of Moses "at the very spot." (64) She recounts that in every important site she visited, it was customary to have a reading relevant to the place from the Bible.
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.