fondamento

English translation: foundation

14:17 Nov 6, 2013
Italian to English translations [PRO]
Law/Patents - Law (general) / law theory (academic article)
Italian term or phrase: fondamento
Universalità e fondamento sono le due condizioni di cui i moderni legislatori e filosofi vanno alla ricerca ..

is this some reference to cause/the idea of a law being well founded? or is it a specific term?
nyteck
Italy
Local time: 20:02
English translation:foundation
Explanation:
I think what they mean is that theorists look to the justification for the enactment of rules, i.e. the authority by which they are rules.

So yes, well founded in the sense of properly derived from the relevant authority, and not acting beyond that authority. However, well-founded is usually used in relation to arguments, not normativity.

This would be a positivist approach to legal theory.
Selected response from:

Thomas Roberts
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Summary of answers provided
4 +2foundation
Thomas Roberts
3 +1foundation
James (Jim) Davis
4well-foundedness
Tom in London


  

Answers


4 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
foundation


Explanation:
I think what they mean is that theorists look to the justification for the enactment of rules, i.e. the authority by which they are rules.

So yes, well founded in the sense of properly derived from the relevant authority, and not acting beyond that authority. However, well-founded is usually used in relation to arguments, not normativity.

This would be a positivist approach to legal theory.

Thomas Roberts
Specializes in field
Native speaker of: Native in EnglishEnglish, Native in ItalianItalian
PRO pts in category: 2715
Grading comment
Selected automatically based on peer agreement.

Peer comments on this answer (and responses from the answerer)
agree  James (Jim) Davis: Usain Bolt strikes again :)
1 min

agree  philgoddard: You still need to work on answering questions before they've been asked.
1 hr
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4 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
foundation


Explanation:
I think this would be the foundations on which law is based.

http://www.google.com/webhp?nord=1#nord=1&q=universality pri...

Universal Ethical Principles as Foundations of Human Rights
www.slideshare.net/.../universal-ethical-principles-as-a-fo...
Apr 12, 2010 - Discussion about references to God in foundational documents about human rights; examples of ethical principles in the teachings of various ...
The Universal Declaration of Human Rights
www.un.org/en/documents/udhr/hr_law.shtml
The Foundation of International Human Rights Law ... The core principles of human rights first set out in the UDHR, such as universality, interdependence and ...
The Philosophic Foundations of Human Rights - Princeton University
www.princeton.edu/.../Shestack, Philosophical Foundation of...
Third, understanding the philosophic foundations of the law helps one devise a ..... Rawls' system thus allows us to derive universal principles of justice ...

James (Jim) Davis
Seychelles
Local time: 22:02
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 1667

Peer comments on this answer (and responses from the answerer)
agree  Angie Garbarino
10 mins
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9 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
well-foundedness


Explanation:
https://www.google.co.uk/search?num=30&q="well-foundedness" ...

Tom in London
United Kingdom
Local time: 19:02
Native speaker of: Native in EnglishEnglish
PRO pts in category: 343
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