立法意图和机构:一个理性的统一账户
1Associate Professor of Philosophy, Monash University.
概括
这项研究引入了一种新的立法意图的现实主义理论,即理性统一理论,提出立法机构采取与个人或总体立法者意图不同的统一理性观点的行动. 这为法律解释提供了一个新的框架.
科学领域:
- 法律理论 法律理论
- 政治科学 政治科学是指政治学.
- 法律哲学 法律哲学
背景情况:
- 现有的立法意图现实主义理论被归类为聚合性或共同意图.
- 聚合理论假设意图基于立法者的意图的比例.
- 共同意图理论需要立法者之间一致的意图.
研究的目的:
- 推进和捍卫理性统一账户作为立法意图的替代现实主义概念.
- 解释理性统一理论如何在现有理论上得到改进.
- 通过案例研究来证明这种新的解释对法律解释的影响.
主要方法:
- 从社会本体学中采用"理性观点"的概念.
- 基于这个概念,制定一个现实的立法意图的概念.
- 将拟议账户应用于三个法律案件.
主要成果:
- 立法意图可以被理解为一个理性的统一,由机构程序和结构塑造.
- 这种理性的观点与个别立法者的综合或共同意图不同.
- 理性的统一性允许立法意图与立法者的个人主观状态分开.
结论:
- 理性统一的解释为理解立法意图提供了一个更强大的框架.
- 这一概念对法定解释和法律推理有重大影响.
- 立法意图是立法机关作为代理人的新兴属性,而不仅仅是个别意图的总和.
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