Andrew YEN - Academia.edu (original) (raw)
Teacher and researcher of the field Jurisprudence
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Università degli Studi di Firenze (University of Florence)
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Papers by Andrew YEN
In this paper I will make some critical comments on the most widely accepted theory of... more In this paper I will make some critical comments on the most widely accepted theory of civil disobedience developed by John Rawls. Based on that foundation, I develop a theory of democratic resistance which is to be understood as a weapon of the people to resist structural oppression and domination and to combat the abuse of democratic institutions by the privileged groups. Then I am going to explain the concept of the basic structure of imputation which though consists mainly of legal norms, but also forms new moral rights and duties, because the person-to-person relationships in daily life are shaped and determined by this basic structure. Based on the discussions above, I would like to define the idea of the rule of law in a new fashion: The rule of law, in one crucial aspect, means that people autonomously decide the reasonable basic structure of imputation by the procedure of constitutional democracy. The principles of
In this paper I will make some critical comments on the most widely accepted theory of... more In this paper I will make some critical comments on the most widely accepted theory of civil disobedience developed by John Rawls. Based on that foundation, I develop a theory of democratic resistance which is to be understood as a weapon of the people to resist structural oppression and domination and to combat the abuse of democratic institutions by the privileged groups. Then I am going to explain the concept of the basic structure of imputation which though consists mainly of legal norms, but also forms new moral rights and duties, because the person-to-person relationships in daily life are shaped and determined by this basic structure. Based on the discussions above, I would like to define the idea of the rule of law in a new fashion: The rule of law, in one crucial aspect, means that people autonomously decide the reasonable basic structure of imputation by the procedure of constitutional democracy. The principles of