The Concept of a Lawyer's Jurisprudence

1952 ◽  
Vol 11 (2) ◽  
pp. 229-239
Author(s):  
B. E. King
Keyword(s):  
Present Article ◽  
The Other ◽  
Critical Examination ◽  
Philosophical Inquiry ◽  
Philosophical Concept ◽  
Know How ◽  
Second Stage ◽  
Michael Oakeshott ◽  
The Subject ◽  
Definition Of

This article is intended to supplement another article, but it is hoped that it may be capable of standing on its own legs. The other article referred to is that entitled “The Concept of a Philosophical Jurisprudence,” by Professor Michael Oakeshott, which appeared in the now extinct journal “Politica” in September and December 1938. The point in that article at which the present article may be appended occurs on p. 350 in the December number (Vol. III, No. 14), where Professor Oakeshott distinguishes two inseparable stages in the process of philosophical inquiry. “First, there is the identification, the mere designation of the subject of enquiry. If we are to determine the meaning of the concept ‘law,’ we must know how to apply the word ‘law.’ And this is to be learnt only by a critical examination of the ways in which the word is ordinarily used. But such an examination leaves us with merely the definition of a word, leaves us merely with the identification of a thing. We have that one thing clearly before us, but we have nothing else; we have the text, but its full meaning is still to seek.” The exploration of this full meaning, of the “context” in which the thing law stands as “text,” is for Professor Oakeshott the second stage in the inquiry which ends with the establishment of a philosophical concept of law—and he has offered guidance of the greatest value to all explorers. This article, however, will be concerned only with the method of obtaining the “text” from which that exploration may begin. It is suggested that it is a particular method of obtaining this “text” which constitutes the distinctive characteristic of a lawyer's jurisprudence.

scholarly journals The Rights of Minorities in International Law

2016 ◽  
Vol 9 (6) ◽  
pp. 15
Author(s):  
Fatemeh Mihandoost ◽  
Bahman Babajanian
Keyword(s):  
International Law ◽  
Present Article ◽  
International Society ◽  
Minority Rights ◽  
The Other ◽  
Human Right ◽  
Religious Minorities ◽  
The Subject ◽  
Specific Culture ◽  
Definition Of

Today human right is of great importance. The existence of different minorities such as lingual, ethnic, racial, and religious minorities with different tendencies derived from different civilizations and cultures has brought about social and cultural varieties and differences in each country and also the emergence of this variety has resulted in the development of variety in a specific culture and ceremony in different countries. On the other hand, each country as a member of international society has to observe norms and principles accepted by international society. In other words, although preparation of constitution of each country depends on exclusive qualification of the country’s people and government, it does not mean they are free in each law because international legitimacy of each country’s government and constitution depends on observation of the accepted principles and the governing rules in international law. The subject of minorities was first introduced in Vienna Congress and today different minorities live in different countries. In international documents and treaties, a precise definition of minority has not been provided. The present article seeks to interpret minority rights according to international law and investigate minority rights in international law by using international documents.

scholarly journals The Spirit as the Subject Carrying out the Sublation of Nature

2009 ◽  
Vol 30 (1-2) ◽  
pp. 19-31
Author(s):  
Gilles Marmasse
Keyword(s):  
The Other ◽  
General Hypothesis ◽  
Know How ◽  
Rational Nature ◽  
The Subject ◽  
The Absolute ◽  
The One ◽  
Definition Of ◽  
The Universe

In this paper, I will try to propose a general characterisation of the spirit in Hegel'sEncyclopaedia. This characterisation is based on the opposition between nature and spirit. More precisely, in my view the Hegelian spirit can be defined as the activity of bringing the natural exteriority back to a living totality.We know that for Hegel the notion of spirit takes so many shapes that their unity is difficult to find. For instance, what does the soul in the subjective spirit, property in the objective spirit and the cult of the Greek gods in the absolute spirit have in common? Furthermore, when we consider property, for example, the problem is knowing if the spirit is here constituted by the owner, by the deeds of ownership or by the living relationship between the owner and the possessed goods.Moreover, the Hegelian spirit is a philosophical descendant of several different traditions. The question is, therefore, to know how these traditions are linked in the Hegelian notion. I will present these briefly before stating my general hypothesis about the definition of the spirit.First, the Hegelian spirit is connected to thenoûsof the Greek philosophers (the Latinspiritus, intellectus). Thenoûs— on the one hand, an immaterial entity leading the universe, and, on the other, a faculty of the soul — is most often distinguished by its separate and rational nature. For Hegel too, the spirit, as a non-perceptible entity, constitutes the freest and most rational stage in the development of the Idea.

Toxæmia in the Etiology of Mental Disease. a Discussion opened

1902 ◽  
Vol 48 (202) ◽  
pp. 434-450 ◽  
Author(s):  
T. S. Clouston
Keyword(s):  
Nerve Cell ◽  
General Trend ◽  
Mental Disease ◽  
The Other ◽  
British Association ◽  
Younger Men ◽  
Full Knowledge ◽  
The Subject ◽  
Definition Of ◽  
Do So

Dr. Clouston said that when he suggested toxæmia to the secretary as a suitable subject for a discussion at this meeting he had not intended to be the first speaker, because his object was to bring out more fully the views of the younger members who had recently committed themselves so strongly to the toxæmic and bacterial etiology of insanity, and so to get light thrown on some of the difficulties which he and others had felt in applying this theory to many of their cases in practice. It was not that he did not believe in the toxic theory as explaining the onset of many cases, or that he under-rated its importance, but that he could not see how it applied so universally or generally as some of the modern pathological school were now inclined to insist on. He knew that it was difficult for those of the older psychological and clinical school to approach the subject with that full knowledge of recent bacteriological and pathological doctrine which the younger men possessed, or to breathe that all-pervading pathological atmosphere which they seemed to inhale. He desired to conduct this discussion in an absolutely non-controversial and purely scientific spirit. To do so he thought it best to put his facts, objections, and difficulties in a series of propositions which could be answered and explained by the other side. He thought it important to define toxæmia, but should be willing to accept Dr. Ford Robertson's definition of toxines, viz., “Substances which are taken up by the (cortical nerve) cell and then disorder its metabolism.” He took the following extracts from his address at the Cheltenham meeting of the British Association (1) as representing Dr. Ford Robertson's views and the general trend of much investigation and hypothesis on the Continent.

scholarly journals On the Possibilities of Researching the Marriage Policies of the Rurikids: The Case of Mstislav Fyodor Vladimirovich Monomakhovich

2018 ◽  
Vol 8 ◽  
pp. 91-110
Author(s):  
Dariusz Dąbrowski
Keyword(s):  
Middle Ages ◽  
Source Material ◽  
The Other ◽  
Primary Sources ◽  
Basic Question ◽  
The Political ◽  
Know How ◽  
Cultural Sphere ◽  
The Subject ◽  
The One

The main goal of the article is to present the possibilities and methods of research on the Rurikid’s matrimonial policy in the Middle Ages on the example of a selected group of princes. As the subject of studies were chosen Mstislav Vladimirovich and his children. In total, 12 matrimonial relationships were included. The analysis of the source material revealed very unfavorable phenomena from the perspective of the topic under study. The Rus’ primary sources gave information on the conclusion of just four marriages out of twelve. The next four matrimonial arrangement inform foreign sources (Scandinavian and Norman). It should be emphasized particularly strongly that – save for two exceptions of Scandinavian provenance – the sources convey no information whatsoever as regards the political aims behind this or that marriage agreement. It appears, then, that the chroniclers of the period and cultural sphere in question did not regard details concerning marriages (such as their circumstances or the reasons behind them) as “information notable enough to be worth preserving”. Truth be told, even the very fact of the marriage did not always belong to this category. Due to the state of preservation of primary sources the basic question arises as to whether it is possible to study the Rurikids’ matrimonial policy? In spite of the mercilessly sparse source material, it is by all means possible to conduct feasible research on the Rurikids’ marriage policy. One must know how to do it right, however. Thus, such studies must on the one hand be rooted in a deep knowledge of the relevant sources (not only of Rus’ provenance) as well as the ability to subject them to astute analysis; on the other hand, they must adhere to the specially developed methodology, presented in the first part of the article.

Language and the Subject

Joseph Conrad ◽  
2020 ◽  
pp. 51-70
Author(s):  
Yael Levin
Keyword(s):  
Oral Tradition ◽  
The Other ◽  
Philosophical Inquiry ◽  
Heart Of Darkness ◽  
The Subject ◽  
The Creation ◽  
Narrative Techniques ◽  
Experimental Narrative

The chapter focuses on Conrad’s scenes of suspension as sites for an investigation of language and its role in the creation of the modernist subject. Heart of Darkness, Lord Jim, and Victory are read as the serial restaging of an unsolicited encounter with the language of the other. These unwarranted interruptions contribute to an exploration of a particularly passive and fragmented subjectivity that relinquishes the agency and cohesion afforded the Cartesian cogito. The insistence on the oral tradition is thus read not as an attempt to resurrect speech within an essentially silent medium but as a dramatization of the role of language in the evolution of the modernist subject and the narrative that houses him. Those same experimental narrative techniques that are often associated with Conrad’s commitment to an inherently epistemological philosophical inquiry are attributed here to the author’s effort to chart the ontological coordinates of character and narration.

28 USC § 1782—looking for consensus

2019 ◽  
Vol 35 (3) ◽  
pp. 331-345
Author(s):  
David J Stute
Keyword(s):  
United States ◽  
Federal Court ◽  
The United States ◽  
Federal Courts ◽  
The Other ◽  
Court Decisions ◽  
Arbitral Tribunal ◽  
Civil Proceedings ◽  
The Subject ◽  
Definition Of

Abstract Since the 1948 enactment of 28 USC § 1782 in the United States, no consensus has emerged as to the availability of federal court discovery to parties in private foreign or international arbitral proceedings. This year, within months of one another, six federal courts have issued rulings that are widely inconsistent on the availability of section 1782 discovery. The courts have ruled that a proceeding before a private international arbitral tribunal is eligible for section 1782 discovery; that, categorically, no such discovery is available; that the definition of private arbitral tribunal applies to CIETAC; and that discovery is available by virtue of a party’s parallel pursuit of discovery through foreign civil proceedings. As these cases demonstrate, recent US court decisions have brought no predictability, let alone certainty, to the subject. Congress, on the other hand, could and should amend the statute so as to include private tribunals in the scope of section 1782. This article discusses the case law’s state of disarray; proposes a legislative solution; considers the proposed amendment’s merits; and advocates for Congress to act.

Dic cur hic?

2006 ◽  
Vol 11 ◽  
pp. 103-158
Author(s):  
Sascha Salatowsky
Keyword(s):  
Present Article ◽  
Good Life ◽  
Basic Problem ◽  
The Other ◽  
Human Being ◽  
Ethical Life ◽  
Theological Virtues ◽  
Aristotle's Ethics ◽  
The One ◽  
Definition Of

In order to attain a deeper understanding of Aristotelian philosophy in the Renaissance, it is necessary to consider the theological implications of given facts. This article discusses a basic problem centring on the reception of Aristotle’s Ethics. The Nicomachean Ethics was widely regarded as the basis for a virtuous ethical life, yet how could a pagan philosophy, with its concepts of happiness, virtue, justice, etc., be the basis of a Christian society? The aim of the present article is to show how Lutheran scholars solved this problem in confrontation with Catholic and Calvinist scholars of the time. The first part deals with the two basic components of Aristotle’s Ethics, namely the doctrines of happiness (Eudaimonologia) and virtue (Aretologia), and attempts to show that Aristotle’s Ethics should not be understood as a system of rules, but rather as a handbook for the cultivation of practical habits in the free human being who strives to live a good life. The second part examines two key ideological confrontations in relation to Aristotle’s philosophy: between Lutherans and Calvinists in respect of definition of theology and philosophical and theological virtues on the one hand, and between Lutherans and ›the Enthusiasts‹ in respect of the concept of virtues on the other.

What Does It Mean to Do Math in Today's Classrooms?

2004 ◽  
Vol 10 (2) ◽  
pp. 86-87
Author(s):  
Sherrie Martinie ◽  
Cheryl Marcoux
Keyword(s):  
The Other ◽  
Factual Knowledge ◽  
Other Hand ◽  
The Subject ◽  
Mathematics Class ◽  
Paper And Pencil ◽  
Definition Of

According to Marilyn Burns, students will define mathematics based on how they do math. If the majority of their time is spent reciting a list of properties and following a sequence of steps to solve equations, students will think that algebra involves only memorizing a list of rules. If they spend most of their time in geometry practicing vocabulary, they will look at it as simply being a subject in which they spout back definitions. If they spend the majority of their time on paper-and-pencil computation, they will think that mathematics simply involves performing isolated operations on numbers (Burns 1995). On the other hand, students will have a very different definition of the subject if the focus in the mathematics class is on understanding concepts and developing meaningful procedures. Students can learn all of the activities above in a way that will allow them to apply these skills to new situations or know when to use a particular skill or piece of factual knowledge.

scholarly journals Compare Within and Between Groups: The Interpretation of Weak Generic Sentences

2016 ◽  
Vol 2 (1) ◽  
Author(s):  
Zhiguo Xie
Keyword(s):  
Internal Standard ◽  
The Other ◽  
International Standard ◽  
Know How ◽  
Port Royal ◽  
Precise Meaning ◽  
The Subject ◽  
Plural Subject ◽  
Alternative Set ◽  
Generic Sentences

AbstractThis paper explicates the precise meaning of weak generic sentences of the form Ks are P, best represented by the Port Royal Puzzle sentence Dutchmen are good sailors. The sentence is true even though the majority of Dutchmen do not know how to sail at all and a fortiori do not sail well. Two observations motivate my analysis. One is that weak generic sentences express a property that “distinguishes the subject referent from other entities that might belong to the same category” (Krifka et al. 1995). This leads to the use of alternative set in my analysis. The other observation is that the scale structure of the predicate P affects the availability of weak generic reading for sentences of the form Ks are P. I argue that the interpretation of weak generic sentences involves: (i) partitioning the set of entities denoted by the bare plural subject based on the property denoted by the predicate P; (ii) partitioning the set of entities alternative to the denotation of the subject in a similar fashion; and (iii) comparing an appropriate partition in (i) to its counterpart in (ii) with respect to the predicate P. The Port Royal Puzzle sentence is true if and only if: those Dutchmen who can sail and who are good at sailing in comparison with the Dutch-internal standard of being good at sailing and those international citizens who can sail and who are good at sailing in comparison to the international standard of being good at sailing are such that the former population generally have better sailing skills than the latter population.

scholarly journals Der Spannungsbogen von Autonomie und Verletzlichkeit. Eine phänomenologisch-anthropologische Reflexion / The Unsolved Tension between Autonomy and Vulnerability

2017 ◽  
Vol 39 (2-3) ◽  
pp. 349-363
Author(s):  
Alice Pugliese
Keyword(s):  
Phenomenological Approach ◽  
The Self ◽  
The Other ◽  
The Subject ◽  
Definition Of

Summary A phenomenological approach to anthropology should not propose a static definition of man, but inquire into specific human motivations, which never occur isolated. Therefore, the autonomy-dependency connection is presented as a possible human motivational ground. The notion of autonomy, presented with reference to the Kantian idea of the self-determining reason and to the Husserlian account of self-constitution, reveals in itself elements of dependency. On the other side, the notion of vulnerability and reliance is displayed through different approaches of Gehlen, MacIntyre and Toombs in order to illustrate dependency not as a mere capitulation of the subject, but as one of its intrinsic possibilities, which does not exclude autonomous will.

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