As a result sentencers must content themselves with a largely procedural justification of most of the punishments they impose.
Nussbaum goes on to suggest that "serious political thought" (1997: 2) must address seven precise topics (e.g., "procedural justification" [ procedures…that legitimate and/or justify the resulting proposals" for "political structure"], "gender and the family," and "justice between nations") — most of which, of course, Nietzsche does not address.
"The foreign exchange committee believes that rolling contracts at historical rates is a dangerous practice which should be avoided absent compelling justification and procedural safeguards," the 1991 letter said.
By failing to see that the ideal agreement of the social contract specifies only a certain procedural and reflexive level of justification, Rousseau confused "the introduction of a new principle of legitimacy with proposals for institutionalizing just rule" (Habermas 1979, 186).
Pointing to the president's own past procedural maneuvers would seem like a sufficient justification for the Republican Party to return the favor this go around.
Justifications proffered range from the 'doctrine of state jurisdiction'3 to the analogy of individual criminal responsibility.4 Perhaps the most persuasive justification is the argument that some procedural requirements of legitimacy need not be followed in relation to norms preventing heinous conduct.
In general, the contribution of ESV to decision-making relies both on its ability to bring rationality to decision-making, and on its procedural qualities as resource of influence that is needed for advocacy and justification.
Free Press and our allies are challenging the agency's reversal on the proper definition of broadband, its flawed justifications for tossing out the rules and the many procedural fouls that plagued the FCC action last year.
And this court has said that government detention violates that clause unless the detention is ordered in a criminal proceeding with adequate procedural protections, or, in certain special and "narrow" nonpunitive "circumstances," where a special justification, such as harm-threatening mental illness, outweighs the "individual's constitutionally protected interest in avoiding physical restraint".
This procedural approach to moral legitimation sees the autonomy of the individual as the standard of justification for universal rules, norms, rights etc.
The official justification will surely be that all revenue bills have to originate in the House, but that's a procedural barrier that could easily have been sidestepped if Senator Mitch McConnell, the Republican leader, hadn't refused to do so.
