THE ARISTOTELIAN LEGISLATOR AND POLITICAL NATURALISM

2021 ◽  
pp. 1-19
Author(s):  
George Duke

Aristotle's assertion in Politics 1.2 that there is a natural impulse to form political communities is immediately contraposed with the claim that the person responsible for their foundation is the cause (αἴτιος) of the greatest of goods (Pol. 1253a33). The attribution of an essential role to the legislator as an efficient cause appears to clash, however, with Aristotle's political naturalism. If the polis exists by nature and humans are by nature political animals (1253a1–2), then the question arises as to why active intervention by the legislator is necessary for a polis. Conversely, if the polis is an artefact of practical reason, then Aristotle's distinction between products of the intellect and natural entities seems to preclude the status of the polis as natural. In light of this apparent tension between different aspects of Aristotle's account of the origins of political communities, the current paper seeks to demonstrate their reconcilability. Section 1 considers the role of the Aristotelian legislator in light of broader Greek assumptions regarding law-making. Section 2 then considers the status of law-making expertise (νομοθετική) as part of political science (πολιτική) and examines the mode of practical reason that is exercised by the legislative founder. Finally, in section 3, and building on recent interpretations which have emphasized that Aristotle operates with an extended teleological conception of nature, I argue that acts of legislative founding and nature can consistently serve as joint causes of the polis, because the ‘products’ of the practical rationality of the architectonic legislator are themselves an expression of distinctly human nature.

10.23856/4324 ◽  
2021 ◽  
Vol 43 (6) ◽  
pp. 189-197
Author(s):  
Svitlana Karvatska ◽  
Tetyana Gnatuyk

This paper aims to analyze an interpretive activity of international organizations as a means to solve the problem of paramount importance for ensuring updating of international law rules and the whole mechanism of international law action in the process of rules implementation. The methodology is based on a comprehensive approach to the analysis of the object and subject of research, which covers philosophical and legal methods – dialectical method of scientific knowledge, system-structural method, empirical method, hermeneutic method, synergetic and formal-legal methods of scientific research. As a result, the growing role of international organizations as subjects of interpretation, which do not only play an essential role in international law-making and the implementation of international law but also take an active part in their interpretation, was proved. In interpreting their charters, international bodies and organizations certainly influence the content of other international norms. At the current stage, it is necessary to define international organizations’ interpretive activity as a particular type of international law-making, which consists in the official interpretation of international legal rules contained in the relevant acts. Nevertheless, they do not acquire the status of law-making bodies, and their decisions and conclusions are of a recommendatory nature.


2014 ◽  
Vol 6 (1) ◽  
pp. 349-374 ◽  
Author(s):  
Yoshinobu Takei

Established in 1996, the Arctic Council has played an essential role in promoting pan- Arctic cooperation on various issues concerning the Arctic. Increasingly, its activities have contributed to the development of international law relating to the Arctic in terms of law-making and implementation. Recent developments make it pertinent to investigate the possibilities and challenges faced by the Arctic Council in developing legally binding instruments and otherwise contributing to the development of international law relating to the Arctic. How has the Council been engaged in activities that contribute to the development of international law? What factors have affected these activities? This article describes the structure of the Arctic Council and its status under international law; analyzes important developments relating to this issue in the period before the 2009 Ministerial Meeting held in Tromsø, Norway; examines the processes in which two legally binding instruments were negotiated and eventually adopted as well as elements common to these agreements; and discusses Arctic Council processes relevant to the development of international law other than treaty negotiations under its auspices.


2006 ◽  
Vol 1 (1) ◽  
Author(s):  
Sigurður Kristinsson

Aquinas's theory of human action seems to reduce the will to the status of an obedient servant, who can only choose actions that intellect has judged approvingly. So how can Aquinas claim that the will is free? And can his theory account for our apparent ability to make choices that defy the dictates of our own practical rationality? The keys to answering these questions lie in (1) Aquinas' attribution of freedom to reason as a whole, and (2) the role of intention in Aquinas' account.


2015 ◽  
Vol 38 (1) ◽  
pp. 5-36 ◽  
Author(s):  
Junko Ito ◽  
Armin Mester

The Danishstød, a kind of glottal prosody associated with certain syllables, as inbarʔn‘child’ (cf. stødlessbarnlig‘childish’), has long been the target of intense phonological investigation. In this paper, we show that its analysis requires an understanding of the prosodic constituent structure of Danish, and of the essential role of theperfect prosodic word(coextensive with one foot). After motivating this notion on independent grounds, both in other languages and in the context of acquisition, we show that the Danish stød system, analyzed in Optimality Theory, provides a window on the workings of the perfect prosodic word, regulating the presence and absence of stød in some of the much-discussed cases in the literature. In conclusion, we discuss the status of the perfect prosodic word in the light of recent developments in phonological theory, such as Match Theory.


2021 ◽  
Vol 55 (0) ◽  
Author(s):  
José Luis Tasset Carmona

John Rawls shows a deep influence of David Hume’s thought, mainly at his Theory of Justice, though also at the rest of his works. This influence is well-known in the field of political philosophy, much less in the field of moral philosophy. Rawls reads Hume’s thought with a sceptic and naturalistic key, attributing him what he calls a “nature fideism”. Besides this, attributes to Hume an ethical and political position linked with the classical utilitarianism. Nevertheless, his skeptical epistemology will move away, paradoxically, to Hume from the utilitarian positions. Hume’s ethics and politics will finish, according to Rawls, showing a purely descriptive character and a lack of normative purposes. Hume does not have in the strict sense a theory of practical reason. This article examines and puts in question this interpretation of Hume proposed by John Rawls. The philosophy of Hume is not aporetically skeptical, articulates the moral roles of reason and the passions; and finally, is not only connected with utilitarianism; his defense of the role of utility frees to his theory of some of the main contradictions of classical utilitarianism. Besides this, the theory of the “judicious spectator” can be considered a form of a theory of practical rationality. 


Author(s):  
L.J. Chen ◽  
Y.F. Hsieh

One measure of the maturity of a device technology is the ease and reliability of applying contact metallurgy. Compared to metal contact of silicon, the status of GaAs metallization is still at its primitive stage. With the advent of GaAs MESFET and integrated circuits, very stringent requirements were placed on their metal contacts. During the past few years, extensive researches have been conducted in the area of Au-Ge-Ni in order to lower contact resistances and improve uniformity. In this paper, we report the results of TEM study of interfacial reactions between Ni and GaAs as part of the attempt to understand the role of nickel in Au-Ge-Ni contact of GaAs.N-type, Si-doped, (001) oriented GaAs wafers, 15 mil in thickness, were grown by gradient-freeze method. Nickel thin films, 300Å in thickness, were e-gun deposited on GaAs wafers. The samples were then annealed in dry N2 in a 3-zone diffusion furnace at temperatures 200°C - 600°C for 5-180 minutes. Thin foils for TEM examinations were prepared by chemical polishing from the GaA.s side. TEM investigations were performed with JE0L- 100B and JE0L-200CX electron microscopes.


2012 ◽  
Vol 50 (01) ◽  
Author(s):  
N Lange ◽  
S Sieber ◽  
A Erhardt ◽  
G Sass ◽  
HJ Kreienkamp ◽  
...  

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