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23 - Reply to Alexy Critique

from Part V - Internet Balancing Formula

Published online by Cambridge University Press:  22 February 2024

Mart Susi
Affiliation:
Tallinn University
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Summary

The chapter responds to Alexy critique towards the Internet Balancing Formula. Non-acceptance of Robert Alexy’s critique originates from the rejection of the proposition that at any given time only one abstract weight of a particular fundamental right may exist. On the contrary, there can exist multiple abstract weights of one fundamental right at any given time, and for the following reasons. The first reason concerns the source of the abstract weight of a fundamental right, that is, whether it is determined through explication or whether it originates from the ideal dimension of human rights. The second reason is related to the relativity and interdependence of the terms abstract weight and intensity of interference. The third reason for disagreement concerns the general aspect of human rights development. At the present stage in the IBF, the aspect of empathy should be applied in stalemate cases or in difficult cases. For the purposes of the IBF, the element of empathy can be labelled the irrationality thesis.

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Publisher: Cambridge University Press
Print publication year: 2024

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  • Reply to Alexy Critique
  • Mart Susi, Tallinn University
  • Book: The Non-Coherence Theory of Digital Human Rights
  • Online publication: 22 February 2024
  • Chapter DOI: https://doi.org/10.1017/9781009407717.029
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To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

  • Reply to Alexy Critique
  • Mart Susi, Tallinn University
  • Book: The Non-Coherence Theory of Digital Human Rights
  • Online publication: 22 February 2024
  • Chapter DOI: https://doi.org/10.1017/9781009407717.029
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Reply to Alexy Critique
  • Mart Susi, Tallinn University
  • Book: The Non-Coherence Theory of Digital Human Rights
  • Online publication: 22 February 2024
  • Chapter DOI: https://doi.org/10.1017/9781009407717.029
Available formats
×