Tesi etd-12162020-231410
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Tipo di tesi
Dottorato
Autore
ENCINAS DUARTE, GABRIEL ALEJANDRO
Indirizzo email
gabriel.encinas92@gmail.com
URN
etd-12162020-231410
Titolo
Pluralist Arguments and Institutional Justification
Settore scientifico disciplinare
SPS/01
Corso di studi
Istituto di Diritto, Politica e Sviluppo - PHD IN HUMAN RIGHTS AND GLOBAL POLITICS: LEGAL, PHILOSOPHICAL, AND ECONOMIC CHALLENGES
Commissione
Membro Prof. PIRNI, ALBERTO EUGENIO ERMENEGILDO
Membro Prof. TRAVESSONI GOMES TRIVISONNO, ALEXANDRE
Membro Prof.ssa Lalatta Costerbosa , Marina
Membro Prof. TRAVESSONI GOMES TRIVISONNO, ALEXANDRE
Membro Prof.ssa Lalatta Costerbosa , Marina
Parole chiave
- balancing
- cognitivism
- correctness
- global legal pluralism
- norms
- political pluralism
- practical reason
- reasonable pluralism
- reasonableness
- value pluralism
- values
Data inizio appello
21/05/2021;
Disponibilità
completa
Riassunto analitico
In this thesis, four main sections share the aim of mapping through the diversity and complexity of contemporary theories of pluralism – or pluralist arguments. Their outcome is meant to shed light on the implications of pluralist arguments within practical reasoning and especially in legal reasoning. The contention is that value pluralism is a phenomenon occurring across practical reason including politics and law. Therefore, political and especially legal pluralism may be ultimately recast in its light. I will aim at establishing a core of one necessary and two disjunctively sufficient conditions for a concept of value pluralism which makes its normative claims explicit.
The second to last section is a pivot point regarding legal orders in situations of interdependence and overlap. Two complementary levels of engagements "macro" and "micro" will be gathered, highlighting the relevance of the latter. More specifically, a prospect is meant to become open: we will become able to assess the possibility of what will be called “interlegal balancing” as a sort of application of insights within and beyond contemporary contributions on the theory of legal principles and balancing, under the challenge of conflicts of norms sourced in different legal orders.
The second to last section is a pivot point regarding legal orders in situations of interdependence and overlap. Two complementary levels of engagements "macro" and "micro" will be gathered, highlighting the relevance of the latter. More specifically, a prospect is meant to become open: we will become able to assess the possibility of what will be called “interlegal balancing” as a sort of application of insights within and beyond contemporary contributions on the theory of legal principles and balancing, under the challenge of conflicts of norms sourced in different legal orders.
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