Results for 'principle of right'

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  1.  53
    (1 other version)The Principle of Right: Practical Reason and Justification in Kant's Ethical and Political Philosophy.Alison Hills - 2007 - Politics and Ethics Review 3 (1):24-36.
    The principle of right is Kant's main formulation of the rules of politics, and it has obvious affinities with the moral law. Do we have moral reasons to obey the principle? I argue that we may have moral reasons to obey the principle ourselves, but not coercively to enforce it. Do we have prudential reasons to obey the principle? I argue that we do not have reasons based on happiness, but that we may have prudential (...)
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  2.  59
    Universal Principle of Right: Metaphysics, Politics, and Conflict Resolutions.Sorin Baiasu - 2018 - Kantian Review 23 (4):527-554.
    In spite of its dominance, there are well-known problems with Rawls’s method of reflective equilibrium (MRE), as a method of justification in meta-ethics. One issue in particular has preoccupied commentators, namely, the capacity of this method to provide a convincing account of the objectivity of our moral beliefs. Call this the Lack-of-Objectivity Charge. One aim of this article is to examine the charge within the context of Rawls’s later philosophy, and I claim that the lack-of-objectivity charge remains unanswered. A second (...)
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  3.  17
    Principles of Right Reason.Henry S. Leonard - 1958 - Journal of Symbolic Logic 23 (4):435-436.
  4.  13
    James gs Wilson.Taxonomy of Rights Hohfeld’S. - 2007 - In Richard E. Ashcroft (ed.), Principles of health care ethics. Hoboken, NJ: Wiley.
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  5.  4
    An introduction to principles of right reason.Henry Siggins Leonard - 1957 - New York,: Holt.
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  6.  36
    Fichte’s First Principle of Right.Michael Nance - 2021 - Fichte-Studien 49:248-266.
    This paper addresses the following questions: what is Fichte’s first principle of right, how does he argue for it, and how does it function as the first principle of his substantive political theory? To answer these questions, the paper offers an overview of the main steps of Fichte’s derivation of the principle of right, explains its relationship to Fichte’s account of individual personhood, and then specifies some of the senses in which the resulting principle (...)
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  7. The Principle of Generic Consistency as the Supreme Principle of Human Rights.Deryck Beyleveld - 2012 - Human Rights Review 13 (1):1-18.
    Alan Gewirth’s claim that agents contradict that they are agents if they do not accept that the principle of generic consistency (PGC) is the supreme principle of practical rationality has been greeted with widespread scepticism. The aim of this article is not to defend this claim but to show that if the first and least controversial of the three stages of Gewirth’s argument for the PGC is sound, then agents must interpret and give effect to human rights in (...)
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  8. Principles of Justice, Primary Goods and Categories of Right: Rawls and Kant.Paul Guyer - 2018 - Kantian Review 23 (4):581-613.
    John Rawls based his theory of justice, in the work of that name, on a ‘Kantian interpretation’ of the status of human beings as ‘free and equal’ persons. In his subsequent, ‘political rather than metaphysical’ expositions of his theory, the conception of citizens of democracies as ‘free and equal’ persons retained its foundational role. But Rawls appealed only to Kant’s moral philosophy, never to Kant’s own political philosophy as expounded in his 1797 Doctrine of Right in theMetaphysics of Morals. (...)
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  9. Economic Rationality and Moral Theory: The Social Contract as a Foundation for Principles of Right.Richard Nunan - 1984 - Dissertation, The University of North Carolina at Chapel Hill
    Thomas Hobbes' method of deriving some moral principles from a social contract has inspired some contemporary moral philosophers to combine the contractarian approach with the model of rational behavior familiar to economists, in order to derive substantive principles of right from essentially formal constraints on the choice of principles. They argue that the device of a hypothetical social contract could serve to generate intuitively plausible moral principles even when the contractors are assumed to be self-interested maximizers of expected utility (...)
     
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  10.  23
    Principle of Subsidiarity and 'Embeddedness' of the European Convention on Human Rights in the Field of the Reasonable-Time Requirement: The Italian Case.Francesco De Santis di Nicola - 2011 - Jurisprudencija: Mokslo darbu žurnalas 18 (1):7-32.
    The right to ‘domestic remedies’, which ideally connects ‘subsidiarity’ and ‘embeddedness’ of the ECHR in the legal systems of member States, is deemed to play a crucial role for the Strasbourg machinery survival as well as for an effective protection of human rights, especially in the field of the ‘reasonable-time’ requirement. In this respect the Italian case seems an excellent test. Once a compensatory remedy was introduced in the Italian legal system by Law No. 80 of 2001 (the ‘Pinto (...)
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  11.  30
    An Introduction to Principles of Right Reason. [REVIEW]K. B. L. - 1957 - Review of Metaphysics 11 (2):349-349.
    This textbook, oriented toward non-majors in philosophy, aims to provide an understanding not merely of forms of valid and invalid inference but also of the cognitive situation, of the methods of successful "problem-solving thought" and of the role of language therein. Great emphasis is thus placed on semiotics, which is integrated with the material from methodology and logic by considerations from general theory of knowledge. The whole presentation is marked by innovations, both pedagogical and theoretical. Most of the material of (...)
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  12.  27
    Leonard Henry S.. Principles of right reason. Henry Holt and Company, New York 1957, xx + 620 pp. [REVIEW]James Wilkinson Miller - 1958 - Journal of Symbolic Logic 23 (4):435-436.
  13. Kant's Deductions of the Principles of Right.Paul Guyer - 2002 - In Mark Timmons (ed.), Kant's Metaphysics of morals: interpetative essays. New York: Oxford University Press.
  14.  35
    The Categorical Imperative and the Universal Principle of Right.Michael Nance - 2013 - In Stefano Bacin, Alfredo Ferrarin, Claudio La Rocca & Margit Ruffing (eds.), Kant und die Philosophie in weltbürgerlicher Absicht. Akten des XI. Internationalen Kant-Kongresses. Boston: de Gruyter. pp. 873-884.
  15.  32
    Contemplating the principles of the UNESCO declaration on bioethics and human rights: a bioaesthetic experience.Francisco J. Bueno Pimenta & Alberto García Gómez - 2023 - International Journal of Ethics Education 8 (2):249-274.
    The purpose of our article is to contemplate, from an aesthetic-artistic vision, the principles of the Universal Declaration on Bioethics and Human Rights, adopted by UNESCO in 2005. As a result of a restful, attentive and calm look (contemplation), we believe that the development of a line of thought capable of proposing answers to the great questions posed by the current existential and historical paradigm shift requires an effort of transdisciplinary dialogue. On the one hand, reason, as a specific and (...)
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  16.  35
    Principles of liberty and the right to privacy.RobertB Hallborg - 1986 - Law and Philosophy 5 (2):175 - 218.
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  17. Darwin’s principles of divergence and natural selection: Why Fodor was almost right.Robert J. Richards - 2012 - Studies in History and Philosophy of Science Part C: Studies in History and Philosophy of Biological and Biomedical Sciences 43 (1):256-268.
    In a series of articles and in a recent book, What Darwin Got Wrong, Jerry Fodor has objected to Darwin’s principle of natural selection on the grounds that it assumes nature has intentions.1 Despite the near universal rejection of Fodor’s argument by biologists and philosophers of biology (myself included),2 I now believe he was almost right. I will show this through a historical examination of a principle that Darwin thought as important as natural selection, his principle (...)
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  18.  26
    Principles of moral accounting: How our intuitive moral sense balances rights and wrongs.Samuel G. B. Johnson & Jaye Ahn - 2021 - Cognition 206:104467.
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  19. Some Remarks on Singular Terms: a discussion of Henry S. Leonard's "The Principles of Right Reason". [REVIEW]Karel Lambert - 1963 - Inquiry: An Interdisciplinary Journal of Philosophy 6:257.
     
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  20. The Philosophy of Right with Special Reference to the Principles and Development of Law.Diodato Lioy & W. Hastie - 1891 - K. Paul, Trench, Trübner, & Co..
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  21. Principles of political right.Immanuel Kant - unknown
  22.  11
    General principles of law: natural rights, legal methods, and system principles.Daiga Rezevska - 2024 - Boston: Brill/Nijhoff.
    The book comprises contemporary legal theory pertaining to Democratic States based on the Rule of Law from the perspective of general principles of law. It explains in detail, theoretically and based on the specific case law, the phenomenon of general principles of law - as a source of law and directly applicable legal norms. It is a work of legal theory, legal philosophy, and legal method, but it will also assist scholars and practitioners in the transitional justice field as it (...)
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  23. Leo Strauss and the Principles of the Right: an Introduction to Strauss' Letter.Alan Gilbert - 2009 - Constellations 16 (1):78-81.
  24. The Impact of the Principle of Subsidiarity on the Implementation of Socio-Economic Human Rights in Lithuania: Theoretical Approach.Jolanta Bieliauskaitė - 2012 - Jurisprudencija: Mokslo darbu žurnalas 19 (1):231-248.
    Globalisation, repeated economic (financial) crisis and other contemporary social processes are changing the capability of the state to provide individual social security and guarantee human rights. There is therefore a need to review social policy guidelines and their implementation measures. The problem is how to develop the social security system of state, so that human rights are not violated. For the reformation of the social security system to be consistent, it is also necessary to determine the principles on which the (...)
     
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  25.  31
    Principles and Problems of Right Thinking.Charles A. Hart - 1929 - New Scholasticism 3 (2):204-206.
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  26. Principles and Problems of Right Thinking.Edwin Arthur Burtt - 1932 - The Monist 42:639.
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  27. (1 other version)Principles and problems of right thinking.Edwin A. Burtt - 1928 - London,: Harper & brothers.
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  28. The principle of liberty and legal representation of posterity.Kristian Skagen Ekeli - 2006 - Res Publica 12 (4):385-409.
    This paper considers a guardianship model for the legal representation of future generations. According to this model, national and international courts should be given the competence to appoint guardians for future generations, if agents who care about the welfare of posterity apply for the creation of a guardianship in relation to a dispute that can be resolved by the application of law. This reform would grant guardians of future people legal standing or locus standi before courts, that is, the (...) to bring an action before a court of law for adjudication. Although the guardianship model faces several difficult theoretical and practical problems pertaining to the representation of different near and distant future generations, it is argued that this model – and certain other legal norms intended to protect future basic needs – can be justified on the basis of the principle of liberty. (shrink)
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  29.  41
    Arendt on Principles, the Right to Have Rights, and Democracy.Lucy Cane - 2015 - Political Theory 43 (2):242-248.
    In her recent article, Sofia Näsström argues that the principle of responsibility provides a “normative basis” both for Hannah Arendt’s notion of the right to have right and for modern democracy. In this response, I argue that, while Näsström raises crucial questions regarding the relationships between principles of action, the right to have rights, and the institutionalization of democracy, she does not always recognize the nuance of Arendt’s insight into these questions.
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  30.  14
    Principles and Problems of Right Thinking: A Textbook for Logic, Reflective Thinking, and Orientation Courses.Daniel Sommer Robinson - 1929 - Journal of Philosophy 26 (6):159.
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  31. Decision procedures, standards of rightness and impartiality.Cynthia A. Stark - 1997 - Noûs 31 (4):478-495.
    I argue that partialist critics of deontological theories make a mistake similar to one made by critics of utilitarianism: they fail to distinguish between a theory’s decision procedure and its standard of rightness. That is, they take these deontological theories to be offering a method for moral deliberation when they are in fact offering justificatory arguments for moral principles. And while deontologists, like utilitarians do incorporate impartiality into their justifications for basic principles, many do not require that agents utilize impartial (...)
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  32. Is the principle of legal certainty a human right? The legitimacy of the retroactive application of laws.Jan Tryzna - 2019 - In Maciej Chmieliński & Michał Rupniewski (eds.), The Philosophy of Legal Change: Theoretical Perspectives and Practical Processes. New York: Routledge.
     
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  33.  39
    Foundations of Natural Right according to the Principles of the Wissenschaftslehre (review).Daniel Breazeale - 2001 - Journal of the History of Philosophy 39 (2):305-306.
    In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 39.2 (2001) 305-306 [Access article in PDF] Fichte, J. G. Foundations of Natural Right according to the Principles of the Wissenschaftslehre. Edited by Frederick Neuhouser. Translated by Michael Baur. Cambridge Texts in the History of Philosophy. New York: Cambridge University Press, 2000. Pp. xxxv + 338. Cloth, $64.95; Paper, $22.95. Though best known for his immensely influential effort to "systematize" Kant's Critical (...)
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  34.  49
    A Life Plan Principle of Voting Rights.Kim Angell - 2020 - Ethical Theory and Moral Practice 23 (1):125-139.
    Who should have a right to participate in a polity’s decision-making? Although the answers to this ‘boundary problem’ in democratic theory remain controversial, it is widely believed that the enfranchisement of tourists and children is unacceptable. Yet, the two most prominent inclusion principles in the literature – Robert Goodin’s ‘all (possibly) affected interests’-principle and the ‘all subjected to law’-principle – both enfranchise those groups. Unsurprisingly, democratic theorists have therefore offered several reasons for nonetheless exempting tourists and children (...)
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  35. Foundations of natural right: according to the principles of the Wissenschaftslehre.Johann Gottlieb Fichte - 2000 - New York: Cambridge University Press. Edited by Frederick Neuhouser & Michael Baur.
    In the history of philosophy, Fichte's thought marks a crucial transitional stage between Kant and post-Kantian philosophy. Fichte radicalized Kant's thought by arguing that human freedom, not external reality, must be the starting point of all systematic philosophy, and in Foundations of Natural Right, thought by many to be his most important work of political philosophy, he applies his ideas to fundamental issues in political and legal philosophy, covering such topics as civic freedom, rights, private property, contracts, family relations, (...)
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  36. Principles of health care ethics.Richard E. Ashcroft (ed.) - 2007 - Hoboken, NJ: Wiley.
    Edited by four leading members of the new generation of medical and healthcare ethicists working in the UK, respected worldwide for their work in medical ethics, Principles of Health Care Ethics, Second Edition_is a standard resource for students, professionals, and academics wishing to understand current and future issues in healthcare ethics. With a distinguished international panel of contributors working at the leading edge of academia, this volume presents a comprehensive guide to the field, with state of the art introductions to (...)
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  37.  23
    Chapter VI. The “Principle of Insufficient Reason” and the Right to Nonsense.Jacques Bouveresse - 1995 - In Wittgenstein Reads Freud: The Myth of the Unconscious. Princeton, N.J.: Princeton University Press. pp. 97-108.
  38.  38
    Principles of Criminal Liability from the Semiotic Point of View.Michał Peno & Olgierd Bogucki - 2020 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 34 (2):561-578.
    Certainly principles of criminal liability may be understood as rules or norms outlining orders or prohibitions and standing out among other norms with their weight, for legal culture, legal doctrine, etc. In such a classic approach they are norms defining basic rights and obligations in the applicable criminal law. However, is it the only possible and cognitively interesting meaning of the word “principle” in jurisprudence? From the semiotic point of view, they can occur in three forms: special-kind norms, teleological (...)
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  39.  31
    The Principle of Double Effect and Just War Theory.Stipe Buzar - 2020 - Philosophia 48 (4):1299-1312.
    The paper explores the relationship between the Principle of Double Effect and Just War Theory, with emphasis on their relationship in the philosophy of Thomas Aquinas. Both PDE and JWT are of Medieval origin, and are classical exponents of medieval moral philosophy. The main connection between them is, however, that they can both be viewed as theories about permissible violence and harm, that is theories about when it is morally permissible to harm and possibly kill another human being. The (...)
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  40.  15
    La protección de los derechos humanos en la justicia penal internacional: el caso particular del Tribunal Penal Internacional para la ex-Yugoslavia en relación con el derecho consuetudinario y el principio de legalidad = The protection of human rights in international Criminal Justice: the particular case of the international criminal tribunal for the Former Yugoslavia in relation to customary law and the principle of legality.Elena C. Díaz Galán & Harold Bertot Triana - 2018 - UNIVERSITAS Revista de Filosofía Derecho y Política 29:70-100.
    RESUMEN: La labor del Tribunal Penal Internacional para la Ex-Yugoslavia tuvo un momento importante en la compresión del principio de legalidad, como principio básico en la garantía de los derechos humanos, al enfrentar no sólo el derecho consuetudinario como fuente de derecho sino también diferentes modos o enfoques en la identificación de este derecho consuetudinario. Esta relación debe ser analizada a la luz de las limitaciones que tiene el derecho internacional y, sobre todo, de los procedimientos de creación de normas. (...)
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  41.  37
    The possibility of secular human rights: Alan gewirth and the principle of generic consistency.Ari Kohen - 2005 - Human Rights Review 7 (1):49-75.
    This article explores Alan Gewirth’s argument for a secular foundation for the idea 2 of human rights as a possible response to Michael J. Perry’s claim “that the idea of 3 human rights is…ineliminably religious.” I examine Gewirth’s reasoning for constructing 3 a theory, namely that existing theories are fundamentally flawed and leave the idea of human rights without a logically consistent foundation, before considering in detail his claims for the Principle of Generic Consistency (PGC). Having looked at his (...)
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  42.  55
    The Principle of Freedom in the Law of Democratic Country.Saulius Arlauskas & Daiva Petrėnaitė - 2013 - Jurisprudencija: Mokslo darbu žurnalas 20 (2):407-428.
    Although the need of freedom is definite, the concept of individual freedom, while being interpreted with legal terms, causes not only theoretical, but also practical problems. The observed two extremes of freedom are defined as any human self-expression as well as the license, where the state power is generally attributed to disregard personal freedom. In this article the freedom of expression and state enforcement jurisdiction dichotomy are addressed by discussing positive and negative conceptions of freedom and the relationship between the (...)
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  43.  52
    Conflicts of Rights and Action‐Guidingness.Cristián Rettig & Giulio Fornaroli - 2023 - Ratio Juris 36 (2):136-152.
    In this paper, we raise two points. First, any rights‐based theory should provide a method by which to guide reasoning in addressing conflicts of rights. The reason, we argue, is that these theories must provide guidance on what should be done. Second, this method must contain two key recommendations: (1) We should try to find a deliberative mechanism through which none of the rights is simply eliminated from the scene; (2) these rights may be balanced against each other to define (...)
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  44.  13
    Law and the state: Principles of political right.Stephen Cimbala - 1983 - Journal of Social Philosophy 14 (1):1-17.
  45.  82
    The social contract: or, Principles of political right.Jean-Jacques Rousseau - 1974 - New York: New American Library. Edited by Jean-Jacques Rousseau & Charles M. Sherover.
    THE first and most important deduction from the principles we have so far laid down is that the general will alone can direct the State according to the object ...
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  46.  35
    "What is Property? An Inquiry into the Principle of Right and of Government," by Pierre-Joseph Proudhon, trans. Benjamin F. Tucker with an introduction by George Woodcock. [REVIEW]Louis A. Barth - 1973 - Modern Schoolman 50 (3):318-318.
  47.  12
    Principles of Political Economy: With Some of Their Applications to Social Philosophy.John Stuart Mill (ed.) - 2004 - Hackett Publishing Company.
    Stephen Nathanson's clear-sighted abridgment of Principles of Political Economy, Mill's first major work in moral and political philosophy, provides a challenging, sometimes surprising account of Mill's views on many important topics: socialism, population, the status of women, the cultural bases of economic productivity, the causes and possible cures of poverty, the nature of property rights, taxation, and the legitimate functions of government. Nathanson cuts through the dated and less relevant sections of this large work and includes significant material omitted in (...)
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  48.  49
    The principle of humanity.Ted Honderich - manuscript
    The fundamental question to which liberalism, conservatism and other such things give answers or should give answers, and arguments for the answers, is sometimes called the question of justice. It is the question not of what laws there are, but of what laws there ought to be, how societies ought to be. Better, it is the question of who ought to have what. An answer needs first to decide on a prior question. Of what ought who to have what shares (...)
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  49.  37
    Kant and the Two Principles of Publicity.Jüri Lipping - 2020 - The European Legacy 25 (2):115-133.
    The aim of this article is to argue that the principle of “publicity” constitutes a fundamental idea in Kant’s political thought. Publicity provides a central insight that binds together various strands of Kant’s political writings (on issues as diverse as the question of Enlightenment, the right of revolution, historical teleology, reflective judgment, cosmopolitan citizenship, democratic peace, and republican government), and moreover, it offers a much-needed cornerstone for a systematic exposition of his nonexistent political philosophy. Apart from some eminent (...)
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  50.  26
    The Principle of Subsidiarity: Lessons from the Social Teaching of the Catholic Church.Sergiy Prysukhin - 2018 - Ukrainian Religious Studies 86:42-48.
    The article by S. Prysukhin “The Principle of Subsidiarity: Lessons from the Social Teaching of the Catholic Church” analyzes the achievements of the Social Teaching of the Catholic Church, represented by the works of Leo XIII, Pius XI, Pius XII, John Paul II, revealing the meaningful characteristics of the concept of “the principle of subsidiarity”, its role and meaning in the system of Christian values. The principle of subsidiarity makes possible such relationships in social life, when the (...)
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