Options
On Offenses of Interference with Public Functions -Based on The Concept of “Public Functions” in a Rule-of-Law State
Date Issued
2016
Date
2016
Author(s)
Lin, Bei-Shen
Abstract
The goal of this article is to clarify what “public functions” are in the Offenses of Interference with Public Functions via the concept of liberal rule-of-law state. Some views on “public functions” have long depended on the interpretation of positive law, lacking substantive reasoning. Some views limit the ability of human being only to the standard of instrumental reason. This article proposed, through the concept of liberal rule-of-law state, the definition of public functions should be, “the state’s tasks to provide liberal legal subjects protections of their rights.” On this basis, any governmental function denoting the civilians as dangerousness to society that require prevention is not a public function. Also, maximizing utility for society is not a justifiable governmental function because every legal subject in a liberal rule-of-law state should enjoy intact domain of personal legal goods.
Subjects
liberal rule-of-law state
freedom
Offenses of Interference with Public Functions
public functions
subject
Type
thesis
File(s)
No Thumbnail Available
Name
ntu-105-R01a21060-1.pdf
Size
23.32 KB
Format
Adobe PDF
Checksum
(MD5):49f29104380a79046b80d5e905a68915