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Legal Theory and Dialectically Contingent Justifications for the Principle of Generic Consistency
Author(s) -
BEYLEVELD DERYCK
Publication year - 1996
Publication title -
ratio juris
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.344
H-Index - 10
eISSN - 1467-9337
pISSN - 0952-1917
DOI - 10.1111/j.1467-9337.1996.tb00224.x
Subject(s) - consistency (knowledge bases) , epistemology , philosophy , psychology , computer science , artificial intelligence
. It is argued that accepting that there are human rights, or that there are categorically binding requirements of any kind on action, logically requires accepting the PGC (Principle of Generic Consistency ) as the supreme criterion of practical reasonableness. Consequently, all legal systems that recognise human rights (hence, the English legal system), all who view law as a matter of obligation, and all who consider that there are categorically binding requirements on action, must take the PGC to be a necessary criterion of legal validity. Conventions on human rights must, as conventions on human rights , be interpreted to conform with the PGC .
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