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2 results on '"Legal scepticism"'

1. Legal mobilisation, legal scepticism and the limits of 'lawfare': between law and politics in union activism in Botswana.

Author

Werbner, Pnina

Subjects
*PUBLIC sector, *ANTHROPOLOGY, *SOCIAL justice, *POWER (Social sciences)
Abstract

Against legal scepticism which constructs litigations as negative or useless 'lawfare', this article argues for the need to recognise that taking government to court is part of a wider strategy of social mobilisation and campaigns for social justice, as others have also claimed. Legal mobilisation during a public sector strike in Botswana in 2011 was, the paper argues, only one strategic part of a more comprehensive campaign to call on government to pay its workers a living wage. The paper calls for anthropology to re-examine some of its assumptions about the role of the law in postcolonial nations. Despite the possibility that judges may be biased or vulnerable to political influence, and despite the courts' restricted ability to implement their judgements - it is nevertheless the case that ethics, morality and the law, when mobilised alongside concerted political and civic activism, may play a critical role in advancing the cause of citizens' rights against an apparently all-powerful government. [ABSTRACT FROM AUTHOR]

Published
2021
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2. Dworkin além da metafísica e do ceticismo = Dworkin beyond the metaphysics and scepticism

Author

João Paulo Mansur

Subjects
Direito Natural, Jusnaturalismo, Erasmo, de Rotterdam, 1466-1536, Platon, Metafísica, Erasmo, 1466-1536, Machiavelli, Niccollo, 1469-1527, Maquiavel, Nicolas, 1469-1527, Machiavelli, Nicolo, 1469-1527, Machiavelli, Niccolo, Jus naturalis, Platão, 428 ou 7-348 ou 7 A.C, lcsh:Law in general. Comparative and uniform law. Jurisprudence, Legal post-positivism, Direito Positivo, Roterdam, Erasmus, Dworkin, Ronald Myles, 1931-2013, Maquiavel, Nicolau Bernardo, 1469-1527, Direito, filosofia, Plato, Dworkin, R. M., 1931-2013, Machiavelli, Niccolò, 1469-1527, Jusnaturalism, lcsh:Jurisprudence. Philosophy and theory of law, Machiavelli, Niccollo, Erasmus, Desiderius 1466-1536, lcsh:Law, Positivismo jurídico, Dworkin, Ronald, 1931-2013, Machiavelli, Niccolo, 1469-1527, Maquiavel, Nicolau, 1469-1527, Legal scepticism, Ius naturalis, Roterdam, Erasmo, lcsh:K1-7720, Filosofia do direito, Ceticismo, lcsh:K201-487, Platão, lcsh:K
Abstract

This article starts in the existence or not of justice in personal preferences and in the content of the rules of law. It examines the response of legal idealistic philosophies, specifically, the philosophy of Plato, according to which, there is a metaphysically correct answer for each legal issue. It analyzes the response of skeptical philosophies, specifically the skeptical point of Erasmus of Rotterdam in “Praise of Folly”, according to which, naturalistic responses are results of arbitrary actions that not even the philosopher escapes. It also identifies the influences of skepticism in the political and legal philosophies, as the political realism by Machiavelli and the Legal Positivism. Our research notes the paradox that both platonism and skepticism start from the same conception of truth that is used to criticize human conduct and the contents in the rules of law. It exposes the legal theory of Ronald Dworkin, for which there is rationality and criteria to criticize besides metaphysical entities. This article begins in the comparison of philosophical ideas to achieve the objective of demonstrating the relevance of political tradition in Dworkin.

Published
2015

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