In addition to legislative efforts, the receptivity of national courts to international restatements can play a major role in their bindingness
Moreover, Naaman-Zauderer discovers an ethical source of bindingness
, corresponding to the case of epistemic spontaneity discussed above: the generous person--one who knows that nothing truly belongs to her but her free will and who also feels a firm a constant resolution to use her will well--'is autonomous in recognizing herself to be the sole, self-sufficient source for her moral worth, proper self-esteem, dignity and happiness' (203).
Conceding the fundamental bindingness
of the document when confronted with every question of constitutional interpretation (as many originalists, including Balkin must do) impliedly rejects the living constitutionalist's preference that constitutional interpretation and adjudication should, every time constitutional dialogue gets off the ground, re-ask in the first instance the question of the very legitimacy of the document as our social contract today.
13) Compare Jean Hampton: "Kant's position on the nature of hypothetical imperatives must be construed (contra his explicit wishes) such that understanding the bindingness
of a hypothetical imperative is no easier than understanding the bindingness
of a categorical imperative.
This question merits further study, but reason exists to believe that Westlands is not exceptional from the viewpoint of bindingness
22) Aquinas manifestly thinks of the bindingness
attaching to laws as the paradigm case of necessity of this latter kind.
Coleman holds that "[t]he practice of officials of being committed to a set of criteria of legality exhibits these features," as when lower-court judges are responsive to the intentions of higher-court judges regarding the bindingness
They are speakers as well as listeners, and their status as the interpretive audience of the Constitution is reciprocal to the Constitution's bindingness
on themselves and the polity that they are the constituents of.
However, as early as the "Tubingen fragments" (1792-93), Hegel developed a critique of the structure of Kant's deduction of the universal bindingness
of the moral law, as conditioned by the concept of freedom.