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Encyclopedia > Carlos Santiago Nino

Carlos Santiago Ninor (1943-1993) was an Argentine moral, legal and political philosopher. 1943 (MCMXLIII) was a common year starting on Friday (the link is to a full 1943 calendar). ... 1993 (MCMXCIII) was a common year starting on Friday of the Gregorian calendar and marked the Beginning of the International Decade to Combat Racism and Racial Discrimination (1993-2003). ... Ethics (from the Ancient Greek ethikos, meaning arising from habit), a major branch of philosophy, is the study of value or quality. ... Philosophy of law is a branch of philosophy and jurisprudence which studies basic questions about law and legal systems, such as what is the law?, what are the criteria for legal validity?, what is the relationship between law and morality?, and many other similar questions. ... Political philosophy is the study of fundamental questions about the state, government, politics, liberty, property, rights, law and the enforcement of a legal code by authority: what they are, why they are needed, what makes a government legitimate, what rights and freedoms it should protect and why, what form it... A philosopher is a person who thinks deeply regarding people, society, the world, and/or the universe. ...


Ninor studied law at the University of Buenos Aires and at Oxford, where he received his Ph.D. in 1977 with a thesis directed by John Finnis and Tony Honoré. Buenos Aires (English: ; originally , City of the Most Holy Trinity and Port of Saint Mary of the Fair Winds;[1] pronounced ) is the capital of Argentina and its largest city and port. ... Oxford is a city and local government district in Oxfordshire, England, with a population of 134,248 (2001 census). ... For the album by Ash, see 1977 (album). ... This article or section does not cite its references or sources. ... A. M. (Tony) Honoré (1921) is a British lawyer and jurist, known for his work on ownership, causation and Roman law. ...


Ninor began his academic activity in the early 1970s, concentrating on some traditional issues in jurisprudence, such as the concept of a legal system, the interpretation of the law, the debate between legal positivism and natural law, and the concept of validity (see Notas de introducción al Derecho, Buenos Aires, 1973, expanded in Introducción al análisis del Derecho, Buenos Aires, 1980). After realizing the need to clarify the normative problems involved in some of those issues, he was led to embrace a model based on the explicit adoption of principles of justice and social morality, rejecting the predominant German-inspired "dogmatic" approach (see Consideraciones sobre la dogmática jurídica, México, 1974; and Algunos modelos metodológicos de "ciencia" jurídica, Valencia, 1980). This signaled the beginning of his philosophical investigations, which were always oriented to practical issues, and marked by a distinctively analytical approach. His need to provide a liberal justification for criminal law practice thus lead him to moral philosophy, and to the development of an original "consensual" theory of punishment which combined the merits of the retributive and utilitarian (see deterrence) varieties while avoiding their respective difficulties (see Towards a General Strategy for Criminal Law Adjudication, unpublished Ph.D. thesis 1977; revised Spanish translation, Los límites de la responsabilidad penal, Buenos Aires, 1980). Similarly, the problems presented by the characterization of criminal conduct stimulated his work in the field of philosophy of action (see Introducción a la filosofía de la acción humana, Buenos Aires, 1987). The 1970s decade refers to the years from 1970 to 1979, inclusive. ... Jurisprudence is the theory and philosophy of law. ... System (from the Latin (systÄ“ma), and this from the Greek (sustÄ“ma)) is an assemblage of entity/objects, real or abstract, comprising a whole with each and every component/element interacting or related to another one. ... Interpretation, or interpreting, is an activity that consists of establishing, either simultaneously or consecutively, oral or gestural communications between two or more speakers who are not speaking (or signing) the same language. ... Positivism is a philosophy developed by Auguste Comte (widely regarded as the first true sociologist) at the beginning of the 19th century that stated that the only authentic knowledge is scientific knowledge, and that such knowledge can only come from positive affirmation of theories through strict scientific method. ... Natural law (Latin jus naturale) is law that exists independently of the positive law of a given political order, society or nation-state. ... In logic, the form of an argument is valid precisely if it cannot lead from true premises to a false conclusion. ... 1973 (MCMLXXIII) was a common year starting on Monday. ... 1980 (MCMLXXX) was a leap year starting on Tuesday. ... 1974 (MCMLXXIV) was a common year starting on Tuesday. ... 1980 (MCMLXXX) was a leap year starting on Tuesday. ... Philosophy (from the Greek words philos and sophia meaning love of wisdom) is understood in different ways historically and by different philosophers. ... Analysis, in philosophy, is an account of the meaning or content of a word, phrase, or concept. ... Look up liberal on Wiktionary, the free dictionary Liberal may refer to: Politics: Liberalism American liberalism, a political trend in the USA Political progressivism, a political ideology that is for change, often associated with liberal movements Liberty, the condition of being free from control or restrictions Liberal Party, members of... Ethics (from the Ancient Greek ethikos, meaning arising from habit), a major branch of philosophy, is the study of value or quality. ... Look up Punishment in Wiktionary, the free dictionary. ... This article or section does not cite its references or sources. ... Deterrence ALOHA!! is a means of controlling a persons behavior through negative motivational influences, namely fear of punishment. ... Philosophy of action is chiefly concerned with human action, intending to distinguish between activity and passivity, voluntary, intentional, culpable and involuntary actions, and related question. ... 1987 (MCMLXXXVII) was a common year starting on Thursday of the Gregorian calendar. ...


During the early 1980s, after the restoration of democracy, Ninor became engaged in politics, serving as personal assistant to President Raúl Alfonsín and as coordinator of his newly created "Consejo para la consolidación de la democracia", a special committee for the study and design of institutional reforms. His theoretical activities, however, were not forgotten: in 1984 he published his monumental Ética y derechos humanos (Buenos Aires; English revised translation, The Ethics of Human Rights, Oxford, 1991), dedicated to Alfonsín, where he provided a comprehensive exposition of his moral thought; divided in three parts, it dealt with normative and applied ethics, as well as with meta-ethics. This last field he expanded in a separate volume (El constructivismo ético, Madrid, 1989), where he adopted a constructivist approach that attempted to derive his fundamental ethical principles from the presuppositions of moral discourse, in a manner that put him, as he said, "between Rawls and Habermas". These substantive principles, comprising the nucleus of a theory that aspired to capture the essential components of political liberalism, were the principle of autonomy, the principle of inviolability, and the principle of dignity. The first expressed Nino's conception of the good: those things, and those things only, that were valued by the individual in question. The second imposed deontological restrictions to the pursuit of that good, prohibiting the sacrifice of some to achieve the benefit of others. The third principle allowed for individual consent, thus permitting persons to waive the rights recognized by the second one. The examples and perspective in this article or section may not represent a worldwide view. ... Raúl Ricardo Alfonsín (born 13 March 1927) is an Argentine politician, who was the President of Argentina from 10 December 1983 to 9 July 1989. ... 1984 (MCMLXXXIV) was a leap year starting on Sunday of the Gregorian calendar. ... 1991 (MCMXCI) was a common year starting on Tuesday of the Gregorian calendar. ... Normative ethics is the branch of the philosophical study of ethics concerned with classifying actions as right and wrong, as opposed to descriptive ethics. ... Applied ethics takes a theory of ethics, such as utilitarianism, social contract theory, or deontology, and applies its major principles to a particular set of circumstances and practices. ... In philosophy, meta-ethics is the branch of ethics that seeks to understand the nature of ethical properties (if there are any), and ethical statements, attitudes, and judgments. ... 1989 (MCMLXXXIX) was a common year starting on Sunday of the Gregorian calendar. ... John Rawls (February 21, 1921 – November 24, 2002) was an American philosopher, a professor of political philosophy at Harvard University and author of A Theory of Justice (1971), Political Liberalism, Justice as Fairness: A Restatement, and The Law of Peoples. ... Jürgen Habermas Jürgen Habermas (born June 18, 1929 in Düsseldorf) is a German philosopher, political scientist and sociologist in the tradition of critical theory, best known for his concept of the public sphere. ... Political Liberalism is an update to John Rawls 1971 Theory of Justice in which Rawls attempts to show that his theory of justice is not a comprehensive conception of the good, but is instead compatible with a liberal conception of the role of justice: namely, that government should be neutral... Theories of Value ask What sorts of things are good? Or: What does good mean? If we had to give the most general, catch-all description of good things, then what would that description be? When that question is answered with God, this is called Summum bonum. Many people believe...


With this solid normative foundation, Nino went to tackle some practical issues, such as abortion, capital punishment, and drug regulation. On the former, he proposed a gradualist approach similar to the American one, recognizing rights to the fetuses only when they showed the cognitive and affective capacities necessary for considering them moral persons. As regards death penalty, he was firmly opposed to it --as he was to the criminalization of drug consumption. Capital punishment, or the death penalty, is the execution of a convicted criminal by the state as punishment for crimes known as capital crimes or capital offences. ... A psychoactive drug or psychotropic substance is a chemical substance that acts primarily upon the central nervous system where it alters brain function, resulting in temporary changes in perception, mood, consciousness and behavior. ... Fetus at eight weeks For other uses, see Fetus (disambiguation). ...


While on trip to La Paz, Bolivia in 1993 to work on the reform of the Bolivian constitution, Nino had an asthma attack and subsequently died. This tragedy killed a man who appeared to be at the peak of his productivity: the year before he had published two books (Un país al margen de la ley, Buenos Aires; and Fundamentos de derecho constitucional, Buenos Aires), served as editor to two others (El presidencialismo puesto a prueba, Madrid; and Rights, New York), and had given the manuscripts of a couple more to his friend Owen Fiss, who assumed the responsibility of readying them for publication. The Constitution of Deliberative Democracy and Radical Evil on Trial saw the light in 1996. In the first he developed his "epistemic justification" of deliberative democracy, arguing that democratic deliberation provides better reasons to believe in the validity of moral norms than private reflection. The second is a moving personal description of the military junta trials; it provides a testimony to his unique ability to approach public affairs with both philosophical sophistication and political commitment. Central La Paz La Paz is the administrative capital of Bolivia, as well as the departmental capital of La Paz Department. ... Owen M. Fiss is a Sterling Professor at Yale Law School. ... Deliberative democracy, also sometimes called discursive democracy, is a term used by political theorists, e. ...


External links

  • Carlos Santiago Nino ~ 1943-1993. Provides resources on Nino, including excerpts of his works, articles about him, a bibliography of his writings, and more.

  Results from FactBites:
 
Carlos Santiago Nino : 1943 - 1993 (453 words)
Carlos Nino was a publicly engaged intellectual of rare integrity and brilliance.
Carlos Nino was a brave man and an admirable philosopher who did his country notable service on the basis of a robust belief in liberal political values and universal human rights.
Carlos Nino was notably not only for his political wisdom and courage, but also for the unusual sophistication and cosmopolitanism of his constitutional thinking.
  More results at FactBites »


 
 

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