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Raz acknowledges that the fact that grounds promissory reason cannot be an interest or benefit of the promisee derived from the content of the promise itself, since, as we know, whether the promisee benefits from the performance of the promised act or not is a contingent matter that does not determine promises' bindingness. (7) In his early work on promises, Raz maintains that the ground for the promissory reason does not reside in some property of the promised act, but in the same fact or interest that justifies our power to make promises.
It is inevitably associated with the name of Charles Fried, who argued that law's protection of contracts is the translation, in the field of law, of the moral bindingness of promises.
The law's origin and political struggles also likely influence how rebels understand the authority, bindingness, and value of international law.
Entrenchment--the constitution's character of antecedent bindingness until changed on political actions "under" it--is the indispensable core of constitutionalism, every constitution's indelible original sin.
As described above, the international human rights community produces a vast galaxy of normative documents, with varying degrees of "bindingness" or authoritativeness.
varying degrees of bindingness that a particular decision might exert on
On the surface, however, it looks as if Kant has simply taken the bindingness of the moral law as a brute, indemonstrable given, even if he insists that the Factum is given as neither an intellectual intuition nor an empirical matter of fact.
(85) But the assessment of internal administrative law's bindingness should not be made at the upper echelon of the executive branch.
It operates from a detached perspective that describes how the bindingness of judicial determinations is generally understood to arise within our legal system through the law of remedies, the law of judgments, and the law of precedent.
(317.) The reason for including other formally binding instruments is that their bindingness presumably generates a notice duty in the same way as the statutory text itself does.
"[We] still need to receive these documents in order to know precisely the content and also the legal bindingness of these announcements," she said during a press conference.