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Filozofii Prawa
i Filozofii Społecznej

Journal of the Polish Section of IVR (ISSN:2082-3304)

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Threshold of Justification of Emergency Regulations: On Coherentism Requirement for the Justification of Measures Adopted in the Czech Republic during the COVID-19 Pandemic

Doc. dr Pavel Ondřejek

Charles University in Prague

English abstract: The article deals with justification of generally binding legal acts as part of a state governed by the rule of law. The “state of exception” caused by the COVID-19 pandemic adds a new dimension to the issue of justification. The practice prevailing in the Czech Republic in 2020 did not reflect even the minimum requirements for justifying emergency measures, which brought on problems both in the practical application of the adopted measures and in their subsequent judicial review. The article attempts to find an appropriate level of justification, referred to as the threshold of justification and based on the coherentist theory of epistemic justification. The basis of such justification lies in the idea that individual grounds for justification can be found in the explanatory reports of the legislation, on the one hand, and in various pieces of relevant information available to the addressees, on the other hand. All these reasons should form a coherent whole and they should ultimately legitimize restrictions on the freedom of individuals. The final part of the article describes the importance of the threshold of justification for the review of proportionality and even reasonableness of the law.

Keywords: public justification, public reason, coherentism, theory of rational law-making, state of exception, proportionality, reasonableness of the law

Language: English

Published: Number 2(27)/2021, pp. 41-53.

DOI: https://doi.org/10.36280/AFPiFS.2021.2.41

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Number of downloads: 348

This text is licensed under a Creative Commons Attribution – Non Commercial – No Derivative Works 4.0 International License.

Filed Under: Articles Tagged With: coherentism, proportionality, public justification, public reason, reasonableness of the law, state of exception, theory of rational law-making

The Culture of Justification and Public Reason: Comments on the Motion of Members of the Polish Parliament to the Constitutional Tribunal

Prof. dr hab. Marek Smolak

Adam Mickiewicz University in Poznań

English abstract: The aim of the paper is to demonstrate how the culture of justification and the public reason can serve as legitimacy device in legal justifications. The idea of the culture of justification, proposed by David Dyzenhaus, makes an interesting contribution to the discussion on how to make headway with the problem of determining the limits of public authority. Applying Ron den Otter’ test of a reasonable sceptic, the author argues that the culture of justification becomes a good political and moral tool for limiting the exercise of public authority, if such a culture is understood and explained in light of the idea of public reason.

Keywords: culture of authority, culture of justification, public reason, test of a reasonable sceptic

Language: English

Received: 21.02.2019
Accepted:
04.05.2019

Published: Number 2(20)/2019, pp. 29-38.

DOI: https://doi.org/10.36280/AFPiFS.2019.2.29

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Number of downloads: 521

Filed Under: Articles Tagged With: culture of authority, culture of justification, public reason, test of a reasonable sceptic

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Keywords

Maciej Kłodawski universality of human rights postmodernism definition of the law recognition dialogical cosmopolitanism narrative disagreement normative standard WTO Bartosz Brożek responsibility of a professional law-making modernity Marina Dawidowa dogmatic anthropology legal norms Hart-Dworkin debate theory of democracy common law Neil MacCormick supra-constitutionality mercy Robert Audi court decisions Sławomir Drelich causal theory of meaning democratic society legal indeterminacy political philosophy art history co-originarity of the rule of law and the principle of sovereignty democratic transtion Law and Film social interest situational assessment Lawyers’ Professional Ethics Jarosław Mikołajewicz universality of values They Live proportionality state neutrality Adrian Zając emergency laws Arrow’s paradox transmission easement legal cognition Tomasz Grzybowski originalism exemplarism analytical legal theory

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