What is Legal Logic?

1968 ◽  
Vol 3 (1) ◽  
pp. 1-6 ◽  
Author(s):  
Ch. Perelman
Keyword(s):  
Twentieth Century ◽  
Legal Reasoning ◽  
Formal Logic ◽  
The Other ◽  
Contemporary Philosophy ◽  
Specific Nature ◽  
Legal Thought ◽  
General Logic ◽  
The Subject ◽  
Practical Logic

That the question what is legal logic should still arise today appears paradoxical, for law is after all one of the oldest of human disciplines and logic has in the twentieth century become one of the most developed of the disciplines of contemporary philosophy. Yet comparison of a number of recent works dealing with the subject, all of which, not being without merit, have enjoyed a measure of success, is enough to show that the problem exists and is even strongly disputed.Of four such works, two—those by E. Levi and K. Engisch—do not use the word “logic” in their titles, though they deal with legal reasoning and legal thought. The other two, on the contrary, expressly purport to deal with legal logic. Strangely enough, however, their authors explicitly deny the specific existence of such a discipline, whereas Levi and Engisch underscore, without any hesitation, the specific nature of legal reasoning and the existence of a particular logic, legal logic.Thus in the first paragraph of his work, where Klug attempts to define the concept of legal logic, he states that it comprises the study of the rules of formal logic as used in the judicial application of rules of law (p. 6); that legal logic is therefore practical logic, consisting of the application to law of the rules of pure or theoretical logic which is general logic (p. 7).

Known by God: C. S. Lewis and Dietrich Bonhoeffer

2005 ◽  
Vol 77 (4) ◽  
pp. 343-352
Author(s):  
Brian S. Rosner
Keyword(s):  
Twentieth Century ◽  
Image Of God ◽  
The Other ◽  
Christian Theology ◽  
Human Relationship ◽  
Dietrich Bonhoeffer ◽  
Introductory Essay ◽  
The Subject ◽  
Pastoral Value ◽  
The Image Of God

Whereas knowing God is central to every version of Christian theology, little attention has been paid to the other side of the divine-human relationship. This introductory essay approaches the subject via the brief but poignant remarks of two twentieth-century authors appearing in a work of fiction and in a poem. If C. S. Lewis recognizes the primacy of being known by God, Dietrich Bonhoeffer helps define it and underscores its pastoral value. Both authors accurately reflect the main contours of the Bible’s own treatment. Calvin’s view of the image of God, which T. F. Torrance defines as ‘God’s gracious beholding of man as his child,’ may be of assistance in defining what it means to be known by God.

The Other Legacy of Vienna 1900: The Ars Combinatoria of Friedl Dicker-Brandeis

2020 ◽  
Vol 51 ◽  
pp. 243-268
Author(s):  
Julie M. Johnson
Keyword(s):  
Twentieth Century ◽  
Subject Matter ◽  
Fine Art ◽  
The Other ◽  
Found Objects ◽  
New Objectivity ◽  
The Subject ◽  
Critical Responses

AbstractThis article positions multidisciplinary artist Friedl Dicker-Brandeis at the center of a web that spans Vienna 1900, the Weimar Bauhaus, and interwar Vienna. Using a network metaphor to read her work, she is understood here as specialist of the ars combinatoria, in which she recombines genre and media in unexpected ways. She translates the language of photograms into painting, ecclesiastical subject matter into a machine aesthetic, adds found objects to abstract paintings, and paints allegories and scenes of distortion in the idiom of New Objectivity, all the while designing stage sets, costumes, modular furniture, toys, and interiors. While she has been the subject of renewed attention, particularly in the design world, much of her fine art has yet to be assessed. She used the idioms of twentieth-century art movements in unusual contexts, some of these very brave: in interwar Vienna, where she created Dadaistic posters to warn of fascism, she was imprisoned and interrogated. Always politically engaged, her interdisciplinary and multimedia approach to art bridged the conceptual divide between the utopian and critical responses to war during the interwar years. Such engagement with both political strains of twentieth-century modernism is rare. After integrating the interdisciplinary lessons of Vienna and the Weimar Bauhaus into her life's work, she shared these lessons with children at Terezín.

Caring for the World

2011 ◽  
Vol 45 ◽  
pp. 164-185
Author(s):  
Vincent Blok ◽  
Keyword(s):  
Climate Change ◽  
Twentieth Century ◽  
Natural World ◽  
Ecological Crisis ◽  
The Other ◽  
Contemporary Philosophy ◽  
The World ◽  
The Future ◽  
The Will ◽  
The One

In the twentieth century, the concept of the will appears in bad daylight. Martin Heideg-ger for instance criticizes the will as a movement of reducing otherness to sameness, dif-ference to identity. Since his diagnosis of the will, the releasement from a wilful manner of thinking and the exploration of the possibility of non-willing has become a prevalent issue in contemporary philosophy. This article questions whether this quietism is still possible in our times, were we are confronted with climate change and the future of mankind is fundamentally threatened. On the one hand, the human will to 'master‘ and 'exploit‘ the natural world can be seen as the root of the ecological crisis, as Heidegger observed. On the other hand, its current urgency forces us to evaluate the releasement of the will in contemporary philosophy. Because also Heidegger himself attempted to develop a proper concept of the will in the onset of the thirties, we start our inquiry with Heidegger‘s phenomenology of the will in the thirties. Although Heidegger was very critical about the concept of the will later on, we are not inclined to reject the concept of the will as he did eventually. In this article we show that Heidegger's criticism of the will is not phenomenologically motivated, and we will develop a proper post-Heideggerian concept of willing. Finally the question will be answerd whether this proper concept of willing can help us to find a solution for the ecological crisis.

Deleuze and Kuki: The Temporality of Eternal Return and ‘un coup de dés’

2014 ◽  
Vol 8 (1) ◽  
pp. 94-110
Author(s):  
Tatsuya Higaki
Keyword(s):  
Nineteenth Century ◽  
Twentieth Century ◽  
The Other ◽  
Western Philosophy ◽  
Eternal Return ◽  
Kyoto School ◽  
The Third ◽  
European Philosophy ◽  
The Subject ◽  
The One

Shuzo Kuki is a Japanese philosopher, belonging to the Kyoto school, who lived about a hundred years ago. He learned philosophy in Europe and developed an original theory of contingency, by accommodating the Asiatic way of thinking on the one hand, and Western philosophy (Bergson, Heidegger and neo-Kantianism) on the other. In this article, I show that we can find similarities between his theory of contingency and the philosophy of Deleuze, especially in regard to the subject of temporality and eternal return. Needless to say, the theory of the third time is a crucial theme in Difference and Repetition, and is closely related to the time of eternity, and the original or primitive contingency. Taking into consideration these aspects of time is indispensable in examining in depth the concepts of difference and virtuality. Kuki's theory of contingency, which incorporates early twentieth-century European philosophy, elucidates these concepts in an unexpected way. Therefore, my aim in this article is not to attempt a comparison between Eastern and Western thought by quoting Deleuze, but to illustrate a hidden lineage of thought, which runs from the nineteenth century (neo-Kantianism, Bergsonism, and so on) into the philosophy of virtuality of the twentieth century. This same lineage appears in Japan in Kuki's theory, and Deleuze's thought is, at least in one aspect, a modern manifestation of the same roots.

scholarly journals Incurably Religious? Consensus Gentium and the Cultural Universality of Religion

Numen ◽  
2014 ◽  
Vol 61 (1) ◽  
pp. 5-32 ◽  
Author(s):  
Jakob De Roover
Keyword(s):  
Twentieth Century ◽  
Ad Hoc ◽  
Scientific Research ◽  
The Other ◽  
Christian Theology ◽  
Human Species ◽  
Heated Debate ◽  
The Subject ◽  
Western Scholarship ◽  
The One

Abstract For centuries, the question whether there were peoples without religion was the subject of heated debate among European thinkers. At the turn of the twentieth century, this concern vanished from the radar of Western scholarship: all known peoples and societies, it was concluded, had some form of religion. This essay examines the relevant debates from the sixteenth to the twentieth century: Why was this issue so important? How did European thinkers determine whether or not some people had religion? What allowed them to close this debate? It will be shown that European descriptions of the “religions” of non-Western cultures counted as evidence for or against theoretical claims made within a particular framework, namely that of generic Christian theology. The issue of the universality of religion was settled not by scientific research but by making ad hoc modifications to this theological framework whenever it faced empirical anomalies. This is important today, because the debate concerning the cultural universality of religion has been reopened. On the one hand, evolutionary-biological explanations of religion claim that religion must be a cultural universal, since its origin lies in the evolution of the human species; on the other hand, authors suggest that religion is not a cultural universal, because many of the “religions” of humanity are fictitious entities created within an underlying theological framework.

British Investment in Latin America, 1850–1950 A Reappraisal

Itinerario ◽  
1995 ◽  
Vol 19 (3) ◽  
pp. 21-52 ◽  
Author(s):  
Rory Miller
Keyword(s):  
Twentieth Century ◽  
Latin America ◽  
Latin American ◽  
American History ◽  
Recent Literature ◽  
The Other ◽  
Latin American History ◽  
The Subject ◽  
The One ◽  
New Research

For forty years much of the research on Britain's relationship with Latin America has been dominated by a rather narrow agenda, the boundaries of which were established by radical and conservative writers in the middle third of the twentieth century, just when Britain's role in Latin America was rapidly declining. Essentially this was a debate about power, that of British governments and businessmen on the one hand and Latin American governments and elites on the other. More recently, however, younger historians have begun to break free of the confines established by those writing in the 1950s and 1960s. As a result there is some hope that new research on this topic may offer more of interest to non-specialists and contribute to other historical debates, both in British and Latin American history. The purpose of this historiographical essay, which is based primarily, but not entirely, on the research undertaken in Britain during the last twenty years, is to review the recent literature on British investment in Latin America, and to investigate some of the implications of what we now know about the subject for our understanding of the evolution of Latin American societies.

scholarly journals From Defoe to Coetzee’s Foe/Foe through Authorship

2021 ◽  
Vol 11 ◽  
pp. 121-137
Author(s):  
Andreia Irina Suciu ◽  
◽  
Mihaela Culea ◽  
Keyword(s):  
Twentieth Century ◽  
Literature Review ◽  
Daniel Defoe ◽  
The Other ◽  
Robinson Crusoe ◽  
Multiple Perspectives ◽  
Artistic Creation ◽  
Late Twentieth ◽  
The Subject ◽  
Late Twentieth Century

The article investigates the concept of authorship in the works of two authors separated by three centuries, namely, Daniel Defoe and J. M. Coetzee, both concerned, in different ways, with aspects regarding the origin and originators of literary works or with the act of artistic creation in general. After a brief literature review, the article focuses on Coetzee’s contemporary revisitation of the question of authorship and leaps back and forth in time from Defoe’s Robinson Crusoe (1719) to Coetzee’s Foe (1986). The purpose is that of highlighting the multiple perspectives (and differences) regarding the subject of authorship, including such notions and aspects as: canonicity related to the act of writing and narrating, metafiction, self-reflexivity and intertextuality, silencing and voicing, doubling, bodily substance and the substance of a story, authenticity, (literary) representation and the truth, authoring, the author’s powers, the relation between author and character or between narrator and story, authorial self-consciousness, agency, or ambiguity. The findings presented in the article show that both works are seminal in their attempts to define and redefine the notion of authorship, one (Defoe) concerned with the first literary endeavours of establishing the roles of professional authorship in England, while the other (Coetzee), intervenes in existing literary discussions of the late twentieth century concerning the postmodern author and (the questioning of or liberation of the text from) his powers.

scholarly journals Own/Alien Concepts in Contemporary Philosophy and Cultural Studies

2020 ◽  
pp. 65-74
Author(s):  
Nataliia Otreshko
Keyword(s):  
System Analysis ◽  
Modern Science ◽  
The Other ◽  
Practical Significance ◽  
Comparative Approach ◽  
Contemporary Philosophy ◽  
Cultural Concepts ◽  
The Subject ◽  
Synthesis Methodology ◽  
First Time

The purpose of the article is to compare two approaches to analyzing the philosophical and cultural concepts of the Alien that are developing in modern science, to distinguish their specific features and to allow further synthesis. Methodology. System analysis will show the regularity and necessity of studying any encounter with the Other in social reality and must be correlated by the researcher with the configuration of power relations of competing discourses. Results. Drawing on a comparative approach, the author identifies that in both the concept of J. Lacan and the theory of subjection by J. Butler the Other / Alien is an integral part of the personality of the subject. This is a peculiar stage of its formation. Originality. For the first time, the study finds the idea of the subject as alien to oneself. The idea of forming a subject means the experience of communicating with oneself as someone else's (identity crisis), and one of the endpoints of such a process is accepting oneself in a new role, reconciling with oneself in the new capacity of the subject. Practical significance. The information contained in this work can be used for further research and development of methodological material for new courses of lectures and seminars on cultural philosophy and methodology for studying contemporary theories of culture.

"Land und Meer, Land und Luft, Land und Erde: Schmitt und Sloterdijk – mit Husserl gelesen"

2006 ◽  
Vol 2006 (1) ◽  
pp. 5-20 ◽  
Author(s):  
Petra Gehring
Keyword(s):  
Subject Matter ◽  
The Other ◽  
Carl Schmitt ◽  
Contemporary Philosophy ◽  
Spatial Turn ◽  
The World ◽  
Peter Sloterdijk ◽  
The Subject ◽  
Two Phases ◽  
The One

There are two phases in the philosophy of the 20. and the beginning 21. century, in which not generally ‚the world‘, but actually issues like ‚land and sea‘, ‚land and air‘, ‚land and earth‘ became philosophical references. There are on the one hand the diagnoses of geopolitical crises in the 1950th and there is on the other hand the so-called ‚spatial turn‘ of the cultural sciences and related contemporary philosophy. The article presents two exemplary positions: the geo-philosophical reflections of Carl Schmitt as well as the considerations of Peter Sloterdijk in connection with his analyses of globalization. The article doesn’t intend an final appraisal of the subject matter (or the works of both authors). Following the guideline of Husserls considerations about „earth“ is however asked, which function may have the phenomenon (and topic) of a concretized spatiality in the context of the two exemplary presented philosophical diagnoses. What makes ‚land‘ or ‚space‘ attractive to Schmitt and Sloterdijk?

scholarly journals MATHEMATICS: DISCOVERY OR INVENTION?

Think ◽  
2012 ◽  
Vol 11 (32) ◽  
pp. 11-27 ◽  
Author(s):  
Kit Fine
Keyword(s):  
Twentieth Century ◽  
Mathematics Curriculum ◽  
Experimental Finding ◽  
The Other ◽  
Origin Of Species ◽  
Standard Text ◽  
Euclid’S Elements ◽  
The Subject

Mathematics has been the most successful and is the most mature of the sciences. Its first great master work – Euclid's ‘Elements’ – which helped to establish the field and demonstrate the power of its methods, was written about 2400 years ago; and it served as a standard text in the mathematics curriculum well into the twentieth century. By contrast, the first comparable master work of physics – Newton's Principia – was written 300 odd years ago. And the juvenile science of biology only got its first master work – Darwin's ‘On the Origin of Species’ – a mere 150 years ago. The development of the subject has also been extraordinarily fertile, particularly in the last three centuries, and it is perhaps only in the last century that the other sciences have begun to approach mathematics in the steady accumulation of knowledge that it has been able to offer. There has, moreover, been almost universal agreement on its methods and how they are to be applied. What we require is proof; and, in practice, there is very little disagreement over whether or not we have it. The other sciences, by contrast, tend to get mired in controversy over the significance of this or that experimental finding or over whether one theory is to be preferred to another.

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