概括
法律反正主义认为法律义务是道德义务. 这个理论解释了道德义务如何通过宪法原因成为法律,就像美国的同意和民主一样. 它澄清了哪些道德义务具有法律约束力.
科学领域:
- 法律哲学 法律哲学
- 伦理哲学 道德哲学
- 政治理论的政治理论.
背景情况:
- 法律反正论认为,法律义务是道德义务的一个子集.
- 现有的理论并不能完全解释哪些道德义务成为法律.
研究的目的:
- 发展一个理论,解释道德义务如何成为法律.
- 引入法律的"宪法理由账户".
主要方法:
- 对法律和道德义务的哲学分析.
- 构成原因帐户的发展.
主要成果:
- 法律包括具有法律理由的道德义务.
- 法律理由源于与立法机关的关系.
- 在美国,法律理由包括同意,民主,协会和公平竞争.
结论:
- 构成性理由解释了为什么某些道德义务是法律,而另一些则不是.
- 确定特定的美国法律理由作为构成性.
- 为理解法律义务的来源提供了一个框架.
相关概念视频
Sources of Law
1.1K
Laws form the essential rules set by governing authorities to shape and control societal behavior. In nursing, laws guide actions, safeguard patient rights, define nurses' scope of practice, and maintain professional standards. Understanding the legal framework governing nursing involves recognizing four primary sources of law: constitutional, statutory, administrative (regulatory), and common law.
Constitutional law is foundational, deriving from federal and state constitutions, and...
Constitutional law is foundational, deriving from federal and state constitutions, and...
1.1K
Law of Effect
1.4K
B.F. Skinner, a prominent figure in behavioral psychology, introduced operant conditioning by emphasizing the role of consequences in shaping behavior. This theory builds upon the law of effect proposed by Edward Thorndike, which posits that behaviors followed by satisfying outcomes are likely to be repeated. In contrast, those followed by unsatisfying outcomes are less likely to recur.
Edward Thorndike's foundational work involved studying learning in animals, particularly using puzzle...
Edward Thorndike's foundational work involved studying learning in animals, particularly using puzzle...
1.4K
Fundamental Attribution Error
12.9K
According to some social psychologists, people tend to overemphasize internal factors as explanations—or attributions—for the behavior of other people. They tend to assume that the behavior of another person is a trait of that person, and to underestimate the power of the situation on the behavior of others. They tend to fail to recognize when the behavior of another is due to situational variables, and thus to the person’s state. This erroneous assumption is...
12.9K
Attribution Theory
13.0K
Behavior is a product of both the situation (e.g., cultural influences, social roles, and the presence of bystanders) and of the person (e.g., personality characteristics). Subfields of psychology tend to focus on one influence or behavior over others. Situationism is the view that our behavior and actions are determined by our immediate environment and surroundings. In contrast, dispositionism holds that our behavior is determined by internal factors (Heider, 1958).
13.0K
Scientific Laws and Theories
75.7K
Scientific Laws
75.7K
Models, Theories, and Laws
5.3K
Scientists frequently use models to help them comprehend a specific collection of phenomena. In physics, a model is a condensed version of a physical system that is too complex to study thoroughly. One such example is the light wave model; unlike water waves, light waves are typically invisible to us. Nonetheless, it is helpful to think of light as being composed of waves, since investigations show that light behaves like water waves. Since it is impossible to visually see what is genuinely...
5.3K


