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Tesi etd-12162020-231410

Type of thesis
Dottorato
Author
ENCINAS DUARTE, GABRIEL ALEJANDRO
E-mail address
gabriel.encinas92@gmail.com
URN
etd-12162020-231410
Title
Pluralist Arguments and Institutional Justification
Scientific disciplinary sector
SPS/01
Course
Istituto di Diritto, Politica e Sviluppo - PHD IN HUMAN RIGHTS AND GLOBAL POLITICS: LEGAL, PHILOSOPHICAL, AND ECONOMIC CHALLENGES
Committee
Membro Prof. PIRNI, ALBERTO EUGENIO ERMENEGILDO
Membro Prof. TRAVESSONI GOMES TRIVISONNO, ALEXANDRE
Membro Prof.ssa Lalatta Costerbosa , Marina
Keywords
  • balancing
  • cognitivism
  • correctness
  • global legal pluralism
  • norms
  • political pluralism
  • practical reason
  • reasonable pluralism
  • reasonableness
  • value pluralism
  • values
Exam session start date
21/05/2021;
Availability
parziale
Abstract
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. <br>The second to last section is a pivot point regarding legal orders in situations of interdependence and overlap. Two complementary levels of engagements &#34;macro&#34; and &#34;micro&#34; 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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