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Recht und Rechtfertigung

Zur rechtstheoretischen Dimension des moralischen Rechts auf Rechtfertigung

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The right to justification is the central tenet of Rainer Forst's theory of justice: every person has the moral right to receive justification for morally relevant actions. This approach is instructive also from a jurisprudential perspective. One important purpose of the law is to force state authorities to provide justifications for their actions. Therefore, based on the right to legal equality, justification must be provided for any unequal treatment. Likewise, restrictions of fundamental rights in a constitutional state are subject to accountability as well. Binding decisions and judgements must also be justified. Currently, the obligation of argument remains poorly developed on a transnational level. It is therefore important to implement obligations for justification in this context as well.
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Keywords: ARGUMENT; MENSCHENWÜRDE; RECHT; RECHTFERTIGUNG; RECHTSTHEORIE; TRANSNATIONALE GERECHTIGKEIT; ZWANG

Language: German

Document Type: Research Article

Publication date: July 1, 2016

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  • Archiv für Rechts- und Sozialphilosophie, edited by authorisation of the International Association for Philosophy of Law and Social Philosophy (IVR), is an international, peer-reviewed journal, first published in 1907. It features original articles on philosophical research on legal and social questions, covering all aspects of social and legal life.
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