scholarly journals Reasonableness of Limits, Reasonableness as Limit (in Legal Interpretation)

2021 ◽  
Author(s):  
Maurizio Manzin
Keyword(s):  
Common Core ◽  
Western Philosophy ◽  
Legal Interpretation ◽  
Individual Freedom ◽  
Legal Text ◽  
The One ◽  
Short Essay ◽  
Core Meaning ◽  
Moral Limits

AbstractThis short essay aims at discussing the opposition between two different views on limits in legal interpretations: I will call them (i) “no-limits option” and (ii) “pro-limits option”. As for (i), it is based on a widely diffused understanding of individual freedom: that of an unceasing breaking of all limits. This idea involves nowadays not only a number of once accepted moral limits, nor the material or social limits suffered by people, but also the limits of conceptual determinations. As for (ii), it is based on the conjecture that limit would be the condition of “no longer, not yet”—as such, a matter of authentic freedom. The “no-limits option” can easily lead, in legal interpretation, to a radical contextualism according to which there would be unlimited meanings for a syntactically and semantically same legal text. The “pro-limits option”, on the contrary, maintains that the existence of limits is reasonable, and that reasonableness is itself a limit to interpretation. In other words, the undetermined space of “no longer, not yet” in which the limits consist of is open to exploration on and beyond through appropriate procedures of reason-giving. According to the “pro-limits option”, a reasonably common core-meaning of a legal text should be sought also when cases of application vary—and that would be precisely the nature of legal interpretation. Arguments in favor of this thesis can be found in Western philosophy from Aristotle to contemporary neurosciences (according to which reasonableness is natural). A remarkable consequence of my discussion on these two options deals with the concept of normativity, given that option (i) conceives normativity only as an expression of will (the one to establish and to infringe limits), whereas option (ii) links normativity to reasonableness.

scholarly journals On an Interpreter’s Game with the Legal Text and Extratextual Factors in the Derivative Concept of Legal Interpretation

2021 ◽  
Author(s):  
Paweł Jabłoński ◽  
Przemysław Kaczmarek
Keyword(s):  
Legal Culture ◽  
Point Of View ◽  
The Other ◽  
Legal Interpretation ◽  
Personal Factors ◽  
Legal Text ◽  
Other Hand ◽  
The Law ◽  
The One ◽  
Derivative Concept

The aim of this paper is to show the derivative concept of legal interpretation from the point of view of the structure of limits of the juridical power. This structure includes the politico-legal culture, the legal text, the juridical culture, and personal factors, such as ethical and aesthetic judgements. These days, the derivative concept is the most influential Polish theory of legal interpretation. According to this concept the process of interpreting the law is a kind of a game between the legal text and extratextual factors, which are treated as extratextual limits of juridical power. On the one hand, the legal text does not determine the full meaning of the law, although it has great importance for it. On the other hand, the derivative concept precisely identifies certain others factors that are relevant for the content of law.

scholarly journals O grze interpretatora z tekstem prawnym i czynnikami pozatekstowymi w derywacyjnej koncepcji wykładni prawa

2020 ◽  
pp. 49-65
Author(s):  
Paweł Jabłoński ◽  
Przemysław Kaczmarek
Keyword(s):  
Legal Culture ◽  
Point Of View ◽  
The Other ◽  
Legal Interpretation ◽  
Personal Factors ◽  
Legal Text ◽  
Other Hand ◽  
The Law ◽  
The One ◽  
Derivative Concept

The aim of this paper is to show the derivative concept of legal interpretation from the point of view of the structure of limits of the juridical power. This structure includes the politico-legal culture, the legal text, the juridical culture, and personal factors, such as ethical and aesthetic judgements. These days, the derivative concept is the most influential Polish theory of legal interpretation. According to this concept the process of interpreting the law is a kind of a game between the legal text and extratextual factors, which are treated as extratextual limits of juridical power. On the one hand, the legal text does not determine the full meaning of the law, although it has great importance for it. On the other hand, the derivative concept precisely identifies certain others factors that are relevant for the content of law.

Immanuel Kant

2018 ◽  
Author(s):  
Susan Brophy
Keyword(s):  
Immanuel Kant ◽  
Scientific Discovery ◽  
State Of Exception ◽  
Western Philosophy ◽  
Industrial Capitalism ◽  
Individual Freedom ◽  
Philosophical Foundation ◽  
Advanced Capitalism ◽  
Moral Feeling ◽  
Transcendental Idealist

Agamben’s complicated engagement with Immanuel Kant celebrates the brilliance of the German idealist’s thought by disclosing its condemnatory weight in Western philosophy. Kant was writing in the midst of burgeoning industrial capitalism, when each new scientific discovery seemed to push back the fog of religion in favour of science and reason; meanwhile Agamben’s work develops in concert with the crises of advanced capitalism and borrows significantly from those philosophers who endured the most demoralising upheavals of the first half of the twentieth century. Whatever lanugo Kant was eager for us to shed in the name of individual freedom,1 Agamben sees in this crusade for civic maturity a surprising prescience: ‘[I]t is truly astounding how Kant, almost two centuries ago and under the heading of a sublime “moral feeling,” was able to describe the very condition that was to become familiar to the mass societies and great totalitarian states of our time’ (HS 52). To a remarkable extent, Agamben finds that Kant’s transcendental idealist frame of thought lays the philosophical foundation for the state of exception.

scholarly journals Some problems of evolutionary epistemology: Hayek’s view on evolution of market

2012 ◽  
Vol 23 (3) ◽  
pp. 333-347
Author(s):  
Milos Krstic
Keyword(s):  
Cultural Evolution ◽  
Evolutionary Epistemology ◽  
The Other ◽  
Individual Freedom ◽  
Market System ◽  
The One

This paper aims to present Hayek?s view of cultural evolution as an important contribution to contemporary evolutionary epistemology. However, despite the importance of Hayek?s theory of cultural evolution, the tension between his concept of rational liberalism and evolutionary epistemology will be pointe out. This tension limits Hayek?s understanding of cultural evolution. Hayek?s conception of rational liberalism emphasizes the values of individual freedom and benefits of the market system. The term evolutionary epistemology includes the economic phenomena that occur without the participation of consciousness, on the one hand, and activities with the element of purposefulness and intelligibility, on the other.

scholarly journals The light of freedom in the age of enlightenment (2): England and France

2011 ◽  
Vol 22 (2) ◽  
pp. 129-155
Author(s):  
Aleksandar Molnar
Keyword(s):  
United States Of America ◽  
18Th Century ◽  
Max Weber ◽  
Institutional Development ◽  
The Political ◽  
Individual Freedom ◽  
Leading Position ◽  
Age Of Enlightenment ◽  
The One ◽  
Early 18Th Century

Although the philosophy (as well as the whole movement) of Enlightenment was born in the Netherlands and England in the late 17th and early 18th century, there were considerable problems in defying the freedom. By the mid 18th century, under the influence of ?national mercantilism? (Max Weber), the freedom was perceived in more and more collective terms, giving bith to the political option of national liberalism. That is why in the second half of 18th century this two countries have been progresively loosing importance for the movement of Enlightenment and two new countries emerged at its leading position, striving for democratic liberalism: United States of America and France. However, individual freedom faced not one, but two dangers during its philosophical and institutional development in the Age of Enlightenment: on the one hand, the danger of wanishing in the national freedom, and, on the other hand, the danger of becoming unbound and (self)destructive. The emerging (national) liberalism in England in the 18th century witnessed the first danger, while the second danger appeared in the wake of the Franch revolution. The French were the first in the Modern epohe to realise that the light of freedom is to powerful to be used without considerable precaussions in the establishement of liberal civil society. Therefore, some moderation hat to be taken into consideration. The idea of humanity, i.e. human rights, was at the end found as most helpful in solving the task of preserving individual freedom, without sacrifying social bonds between free individuals.

scholarly journals On Vendler’s freedom of choice

2021 ◽  
Vol 2 (4) ◽  
pp. e460
Author(s):  
Ana Clara Polakof
Keyword(s):  
Free Choice ◽  
Speech Act ◽  
Speech Act Theory ◽  
Alternative Semantics ◽  
Freedom Of Choice ◽  
Proper Understanding ◽  
Existential Import ◽  
The One ◽  
Short Essay

In this short essay, we will provide some contemporary remarks to Vendler (1962 and 1974). We will propose that his characterization of the Free Choice Item any can be properly explained if we take into account an alternative semantics framework. We will assume with Menéndez-Benito (2010) that it is a universal indeterminate pronoun, and with Aloni (2007) that it involves an exhaustification operator to explain its behavior. We will show that, if we take into account this approach, we will be able to explain what Vendler called freedom of choice, lack of existential import, lawlike propositions, among other characteristics. In addition, we will try to do some linguistics in philosophy, and try to explain how a proper understanding of FCI may help to better understand some reference related problems. Finally, we will show that if we take into account a speech act theory, as the one proposed by Searle (1985), we may account for some of the FCI particular behavior with regard to free choice.

scholarly journals ISLAM PROGRESIF INDONESIA

ALQALAM ◽  
2019 ◽  
Vol 36 (01) ◽  
pp. 67
Author(s):  
A. ILYAS ISMAIL
Keyword(s):  
Real Life ◽  
The Other ◽  
Individual Freedom ◽  
Progressive Movement ◽  
Islamic Thought ◽  
The Reformation ◽  
A Priority ◽  
And Gender ◽  
The One ◽  
Traditional Islam

Theofogicaffy, Islam is one and absolutely correct. However, historicaffy, after being understood and translated into the real life, Islam is not single, but various or plural that manifests at feast in three schools of thoughts: Traditional Islam, Revivalist Islam (fundamentalism), and Liberal Islam (Progressive). The group of Jaringan Islam Liberal (JIL) represents the fast school of thoughts. Even though it is stiff young (ten years), JIL becomes populer because it frequentfy proposes the new thoughts that often evoke controversions in the community. The reformation of thoughts proposed by JIL covers four areas: first, reformation in politics. In this context, JIL gives a priority to the idea of secularism; Second, reformation in socio-religion. Dealing with this, JIL proposes the concept of pluralism; Third, reformation in individual freedom. In this case, JIL gives a priority to the idea of liberalism both in thoughts and actions;fourth, reformation in women. Regarding this, JIL proposes the idea of gender equaliry. This reformation thought of JIL receives pro and con in the community. On the one hand,some of them panne and fulminate it; on the other hand, the other ones support and give appreciation. In such situation, JIL grows as a thought and Islamic progressive movement in Indonesia. Key Words: Islamic Thought, JIL, Secularism, Pluralism, Liberalism, and Gender Equality.

Henry James's Capricciosa: Christina Light in Roderick Hudson and The Princess Casamassima

PMLA ◽  
1960 ◽  
Vol 75 (3) ◽  
pp. 309-319 ◽  
Author(s):  
M. E. Grenander
Keyword(s):  
Twentieth Century ◽  
Revolutionary Movement ◽  
Critical Attention ◽  
The One ◽  
The Right ◽  
Short Essay ◽  
Train Of Thought ◽  
Special Case

In recent years, critical attention has focussed increasingly on The Princess Casamassima, Henry James's novel of the international revolutionary movement seething beneath the surface of society. The sad wisdom of the mid-twentieth century no longer finds incredible the plot earlier critics dismissed as footling melodrama; and with a recognition of its probability, students of James have undertaken a re-examination of the whole novel. Oddly enough, however, little attention has been paid to its reliance on Roderick Hudson, where the Princess Casamassima first appears. The one significant exception has been a short essay by Louise Bogan, though Christina's complexity and interest have attracted other writers. Yet Roderick Hudson deserves study for its own merits; and, as Miss Bogan has pointed out, the character of the Princess is difficult to interpret unless one also remembers her as Christina Light. It is not true, as Miss Bogan asserts (p. 472), that Christina is “the only figure [James] ever ‘revived’ and carried from one book to another,” for not only do Madame Grandoni and the Prince Casamassima share her transposition; the sculptor Gloriani, who makes his debut in Roderick Hudson, reappears in The Ambassadors. But it is true, as Cargill more accurately points out (p. 108), that “Christina is the only major [italics mine] character that James ever revived from an earlier work,” for he questioned the wisdom of indulging wholesale the writer's “revivalist impulse” to “go on with a character.” Hence Christina Light must have struck him as a very special case. He tells us that he felt, “toward the end of ‘Roderick,‘ that the Princess Casamassima had been launched, that, wound-up with the right silver key, she would go on a certain time by the motion communicated” (AN, p. 18). In the Preface to The Princess Casamassima he continues this train of thought: Christina Light, “extremely disponible” and knowing herself “striking, in the earlier connexion,… couldn't resign herself not to strike again” (AN, pp. 73, 74).

Spark and Fidget

2021 ◽  
pp. 35-64
Author(s):  
Jennie Germann Molz
Keyword(s):  
Public Education ◽  
Alternative Education ◽  
First Century ◽  
The Other ◽  
Individual Freedom ◽  
Formal Schooling ◽  
Educational Travel ◽  
The World ◽  
The One ◽  
Historical Trajectory

This chapter explores why worldschoolers take their children out of formal schooling and educate them while traveling. On the one hand, parents are motivated by the shortcomings of institutional education, arguing that schools quash creativity, pathologize children’s embodied movements, for example with diagnoses of ADD/ADHD, and fail to equip them with twenty-first century skills. On the other hand, parents are propelled by a belief that travel, which sparks children’s curiosity, celebrates their mobility, and prepares them for the future, is a better way to learn. The chapter situates worldschooling within a longer historical trajectory of public education and educational travel and traces its connections to other alternative education movements such as homeschooling and unschooling. It documents a tendency among worldschoolers to adopt an unschooling approach to children’s learning, which means parents allow children to naturally absorb lessons from the world around them rather than administering a structured curriculum. The chapter argues that unschooling merges easily not only with the logistics of travel, but also with parents’ philosophies about selfhood and individual freedom. We see that parents approach their children’s education as a choice, one that contributes to the broader lifestyle project they are pursuing.

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