Paper's abstract

Klaus Günther, Universalist Justification and Application of the Norm in Law and Moral
The theory of argumentation shows that practical reasoning follows two modalities: it justifies the validity of a general norm and it justifies the accurateness of the application of the general norm to a particular case. The application judgement is the produce of an argumentation directed by a requirement of impartiality. This requirement can be seen in the procedural principle according to which it may not be established that a norm can legitimately apply to a given situation only if all characteristics of this situation relevant regarding a coherent interpretation of all applicable norms are taken into consideration. Such a validity criterion is expected from a moral judgement as well as for a legal judgement.

Key Words : Norm, moral, argumentation
t. 37, 1992 : p. 269-302