Advanced Search Abstract The question of legitimacy occupies center stage in debates on various constitutional developments. For as long as constitutional scholars cannot settle on a theory of legitimacy, the specter of a legitimacy deficit will continue to haunt the practitioners of constitutional law.
Constitutional scholar Frank Michelman engages different schools of constitutional theory, seeking the definitive answer to the legitimacy question. He classifies theories of legitimacy into three categories, premised on notions of contract, acceptance, or authorship.
Arguing that contract-based and acceptance-oriented legitimacy theories assume the notion of authorship, he distinguishes constitutional authorship in terms of its presumed transtemporal character and abandons it because of this character.
Marilyn Aronberg Lavin studies Italian Renaissance Art, Piero della Francesca, and Iconography. then New York City, and finally in Princeton, NJ. The essay includes a chart of Gianlorenzo’s works up to , and a critical review of documents and inventories demonstrating his authorship of several other sculptures that have been timberdesignmag.com Read the latest articles of Current Biology at timberdesignmag.com, Elsevier’s leading platform of peer-reviewed scholarly literaturetimberdesignmag.com Article. Abdalla, Ibrahim E, Cook, Malcolm J, Rees, Simon J and Yang, Zhiyin () Large-Eddy Simulation of Buoyancy-driven Natural Ventilation in an Enclosure with a Point Heat Source. International Journal of Computational Fluid Dynamics, 21 (5). pp. ISSN Abdalla, Ibrahim E, Cook, Malcolm J and Yang, Zhiyin () Numerical Study of Transitional Separated-reattached Flow timberdesignmag.com
To cut this Gordian knot, Michelman proposes a presentist view of legitimacy. Essay simona manini an analysis of his theoretical engagement, this article argues that his effort to abandon authorship-based theories fails. A commonly chosen, authoritative dispute-settling institution, in line with Michelman's presentist alternative, cannot stand without assuming a transtemporal concept of constitutional authorship.
Thus the Gordian knot remains. Although it seems to distinguish the state—the archetype of the body politic—from other political entities, 3 it also figures in the transnational equation. In Ida's Way and other recent essays, 10 constitutional scholar Frank Michelman engages a variety of theories of constitutional legitimacy, developing a tripartite argument with regard to this sixty-four-thousand-dollar question.
First, Michelman aims to establish that existing legitimacy theories are all premised on constitutional authorship, whether they are presented as contract-based or acceptance-oriented. Second, Michelman points to the transtemporal character of constitutional authorship, which, taken together with the concomitant presupposed identity or authorship, constitute the Gordian knot of constitutional legitimacy theory.
This knot comes into being because these vexed elements are not based on personal critical judgment, which lies at the core of legitimacy. Instead, they are simply presumed to frame the legitimacy of a constitutional project. The third prong of Michelman's argument is the most ambitious.
Does it succeed in justifying constitutional theories in the face of the transtemporal nature of constitutional authorship? Whether Michelman has managed, at last, to cut the Gordian knot of constitutional-legitimacy theories is the question this article seeks to answer.
Tracking Michelman's theoretical odyssey as he engages various attempts to solve the legitimacy conundrum, this article argues that Michelman's assertion that a transtemporal concept of constitutional authorship lies at the heart of existing theories of constitutional legitimacy is, indeed, correct.
This failure serves, albeit indirectly, to substantiate the centrality of constitutional authorship in our thinking about the rule of law. Section 1 paraphrases Michelman's diagnosis of contract-based and acceptance-oriented theories of constitutional legitimacy, showing why both theoretical positions on constitutional legitimacy remain embedded in the idea of constitutional authorship in one way or another.
Section 2 illuminates the transtemporal character of constitutional authorship. Section 3 introduces Michelman's presentist alternative theory of constitutional legitimacy, and Section 4 argues that his presentist, all-things-considered theory of constitutional legitimacy remains rooted in the idea of constitutional authorship.
The fifth section is a summary of the argument. Beyond contract and acceptance: Michelman on legitimacy According to Michelman, the content-based point of view is exemplified by John Rawls's theory of justice, which builds on the liberal political tradition of social contract. This is why a legitimacy theory founded on the tradition of a social contract is content-based.
He suggests that Rawls did not take his own starting point—reasonable pluralism—to its logical limit.Demosthenes D. Cokkinos, Eleni G.
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I’m not using it as a complete list, but more like a syllabus clustering key works so that I can digest topics in timberdesignmag.com List. With writings that span more than thirty-five years, American Woman, Italian Style is a rich collection of essays that fleshes out the realities of today's Italian American women and explores the myriad ways they continue to add to the American timberdesignmag.com://timberdesignmag.com The use of contrast enhanced ultrasound (CEUS) for the diagnosis of hepatocellular carcinoma (HCC) in cirrhosis was questioned because of the risk of a false positive diagnosis in cases of timberdesignmag.com://timberdesignmag.com(17)/.
The lecture and the essay will illustrate the above mentioned projects in a skillful way through graphs and drawings, in order to show a concrete example and, therefore, to provide a new contribution to the discipline.
to provide a new contribution to the discipline. More about Claudia Sicignano.
Simona Mancini, Civil Engineer, PhD in timberdesignmag.com