The Russian diplomat pointed out that the Americans present new reasons that are rejected by Moscow and they have no legal justification
to be on the Syrian territory.
But what happens if when it comes to making practical decisions, justification is hard, incomplete and unreliable?
But even while we reject Socrates' explanation of the justification of belief, the need for justification remains.
Deduction is a strong form of justification because it has the force of logic behind it.
By analogy, partial justifications would apply when an actor's conduct was less wrongful than if justifying conditions were not present, but the conduct was still, on balance, wrongful.
Most commentators, moreover, agree that there are three--and only three--basic species of defense: (1) justifications, (2) excuses, and (3) nonexculpatory defenses.
We do not deny that partial excuses and partial justifications vary in degree, and that in some extreme cases either basis of mitigation alone would diminish the actor's blameworthiness as much as, or even more than, the two forms of mitigation combined in a typical case of provocation manslaughter.
Since all justifications involve discretionary decision making, I
suggest that the most important aspect of justifications is the
consent concerns power over our own affairs, justifications always
271) For the purposes of this Article, it has been assumed that this is the best justification
for copyright law.
So, for example, Meir Dan-Cohen (6) distinguishes conduct rules (legal rules addressed to the public) from decision rules (legal rules addressed to officials) and suggests that justifications are conduct rules and are part of the theory of crime, whereas excuses are decision rules and are part of the theory of punishment.
I take no stand on which analysis is to be preferred, although my suspicion is that they are, at bottom, not so very different: justifications are conduct rules, and belong to the theory of crime, precisely because somebody who acts with justification does nothing wrong.
In fact, the basis of all of these is also the foundation of morality as such--namely, the right to justification.
Forst interprets generality via the qualified veto, which is a veto that itself satisfies the principle of justification.