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The assumption is that the intuitions one is disposed to have in virtue of possessing the concept of law will be fertile enough to constitute a particular substantive conception of what the law is and how it functions.
The aim of a theory of law, then, would be to systematize these pre-theoretic judgments about the concept of law in order to provide an account of some substantive conception of law.
Freedom unconstrained by a substantive conception of that which makes life worthwhile is a recipe for meaninglessness.
The second part of the book endorses the idea that there is such a thing as a universal human nature, and suggests that this idea is central to any substantive conception of human rights.
Although the coherence and correspondence theories are fundamentally opposed in this way, they both present (in contrast to deflationary theories of truth) a substantive conception of truth.
Many of the concerns with this approach to contract theory are related to the particular idealization of the parties that the substantive conception of practical rationality in the contract procedure requires.
Similar(48)
And if enthusiasts of the rule of law place enough emphasis on procedural justice, this can reduce the likelihood that more substantive conceptions of justice will have success.
This breadth is intended to achieve neutrality between competing substantive conceptions of the good; for example, Rawls' "social primary goods," such as income and wealth, were chosen for their utility in promoting widely differing conceptions.
The problems posed by the existence of individuals with severe disabilities might suggest an objection against formal and substantive conceptions of equality of opportunity or at least raise doubts about their ethical importance.
This will be followed by a critique of their particular implications concerning the use of space, with emphasis on the issue of regulating behaviour in public spaces on the basis of substantive conceptions of the "good", and on the intrinsic limitations of municipal by-laws as applied in Italy.
The fact that both formal and substantive conceptions of equality of opportunity and the rival level playing field conception as well are proposed as ancillary requirements or supplements to a theory of justified social hierarchy poses a general issue concerning their justification.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com