The Province of Jurisprudence Contested

2010 ◽  
Vol 23 (2) ◽  
pp. 515-535 ◽  
Author(s):  
Andrew Halpin
Keyword(s):  
Subject Matter ◽  
Legal Theory ◽  
Recent Book ◽  
The People ◽  
Core Feature ◽  
The Subject ◽  
The Law ◽  
Split Field ◽  
The Relationship ◽  
Field Of Inquiry

Allan Hutchinson’s recent book, The Province of Jurisprudence Democratized, is regarded as presenting the opportunity for considering what is involved in seeking to establish the province of jurisprudence as a distinctive field of inquiry. The scale of Hutchinson’s ambition matches John Austin’s original efforts to determine the Province of Jurisprudence, but seeks to replace an analytical approach to jurisprudence he associates with Austin by a theoretical approach committed to advancing “strong” democracy. This provokes an initial reflection on the nature of theoretical disageement, and in particular disagreement which goes beyond trivial theoretical contestability so as to contest the nature of the subject matter that is being investigated by establishing an appropriate field of inquiry for it. Three different techniques are introduced which are capable of demarcating the subject matter of jurisprudence through establishing a field of inquiry favouring a particular theoretical viewpoint: axiomatic disengagement, ambitious insight, and a split field of inquiry.Hutchinson’s principal concern with the democratization of law, legal theory, and the province of jurisprudence is examined in detail. The process of democratization and its anti-elitist character is traced through Hutchinson’s opposition to the aloof philosophical analysis of the universal in favour of an engagement with local and particular issues. However, the weight Hutchinson places on his conception of strong democracy, so as to provide a different understanding of the the law-power nexus and of the relationship between law and morality operating in strong democracies, is shown to be misplaced. Two related failings are pointed out. First, there is a failure to recognize competing groupings within the people, which contradict the uniform collective body Hutchinson associates with those formerly governed by elites and then constituting those liberated to exercise self-governance. Secondly, this links into Hutchinson’s exclusive preoccupation with the participatory axis of democracy – which he regards as the core feature of strong democracy, and at the same time the basis for the law-power nexus and the law-morality relationship within a strong democracy. This is revealed as an inadequate and impoverished understanding of democracy once the presence of competing groupings within the people is acknowledged. Hutchinson’s one-dimensional representation of democracy along a participatory-representational continuum is rejected for failing to recognize a distinct fiduciary-beneficiary axis, which a richer understanding of “for the people” conveys. These corrections have important consequences for a role for law that cannot be reduced solely to politics, and for a broader sweep to analytical jurisprudence than Hutchinson allows.Hutchinson’s own efforts to capture the province of jurisprudence are then assessed. These are recharacterized as seeking to establish within a split field of inquiry a theory of strong democratic law, but, in the absence of a convincing account of the nature of democracy and its relationship with law, the project is judged to be unfulfilled.

The Invention and Plant Variety

2017 ◽  
Author(s):  
Justine Pila
Keyword(s):  
Subject Matter ◽  
Individual Subject ◽  
Plant Variety ◽  
Essential Properties ◽  
The Subject ◽  
The Law ◽  
The Relationship

This chapter seeks to define the terms ‘invention’ and ‘plant variety’ as used by European and UK legal officials particularly. To that end, the nature of the objects identified by the legislature and courts as inventions and plant varieties is considered, as well as the nature of the objects excluded from protection, whether with reference to the requirement for an invention or plant variety or on other statutory grounds. The chapter also considers the law governing patent and plant variety right entitlement, and its implications for legal conceptions of the invention and plant variety. In its conclusion, the legal understandings of inventions and plant varieties are presented as answers to the questions identified in Chapter 3 concerning the categories and essential properties of the subject matter in question, their method of individuation, and the relationship between and method of establishing the existence of each individual subject matter and its tokens.

Foucault and the Incompletion of Law

2008 ◽  
Vol 21 (3) ◽  
pp. 747-763 ◽  
Author(s):  
BEN GOLDER
Keyword(s):  
Michel Foucault ◽  
Subject Matter ◽  
Review Essay ◽  
Legal Theory ◽  
The Subject ◽  
The Law

In a late interview given to the French newspaper Le Monde, Michel Foucault discussed his dreams for a different style of criticism. ‘I can't help but dream about a kind of criticism’, remarked Foucault, in which one would ‘not try to judge, but to bring an oeuvre, a book, a sentence, an idea to life; it would light fires, watch the grass grow, listen to the wind, and catch the sea-foam in the breeze and scatter it.’ This somewhat wistful, poetic thought resonates with more familiar Foucauldian notions regarding the use of theory as a ‘toolkit’ or ‘toolbox’. Common to both these tropes – critique as affirmation and theory as functional – is the desire for thought to be put to work rather than put on trial, for sentences to be brought to life rather than delivered. And yet this presents the would-be Foucauldian book reviewer – and more so where the venue is the impeccably juridical one of the law journal – with a series of alluring problems. How might one elaborate such a Foucauldian critique in a context where one is expressly called upon to judge? What would such a non-judgmental Foucauldian critique look like? Are juridical practices of critique readily susceptible to Foucauldian appropriation or subversion? This set of related questions is emblematic of a wider concern of mine which forms the subject matter of this review essay, namely the place of Foucault (if indeed he has one) in legal theory. How does Foucault, that fabled figure of postmodern antinomianism who supposedly announced the demise and ‘expulsion’ of modern law, relate to legal theory? What might it mean to bring Foucault's unruly poststructuralism ‘into law’? And with what possible effects?

scholarly journals Liderança e Comportamento Organizacional: uma Relação Intrínseca na Gestão

2019 ◽  
Vol 23 (37) ◽  
pp. 9
Author(s):  
Francisco Sousa da Silva ◽  
Maika Rodrigues Amorim
Keyword(s):  
Organizational Behavior ◽  
Leadership Styles ◽  
Interpersonal Relationships ◽  
Subject Matter ◽  
Organizational Environment ◽  
Managerial Practices ◽  
The People ◽  
The Subject ◽  
The Relationship ◽  
The Way

O presente artigo tem como objetivo discutir sobre comportamento organizacional e liderança, bem como a relação existente entre as duas temáticas. A metodologia utilizada foi de cunho bibliográfico, fundamentada em livros e artigos científicos já publicados sobre o tema em questão. Para tanto, foi abordado o comportamento organizacional, seus modelos, habilidades e competências, bem como as teorias mais conhecidas sobre a temática em questão. Inicialmente, foi realizado um levantamento bibliográfico. Ao abordar a temática: Comportamento Organizacional e Liderança é impreterível abordar as relações de pessoas, no ambiente organizacional, uma vez que esse é composto por pessoas, dando-lhe vida e personalidade própria, porém a maneira por meio da qual as pessoas se comportam, tomam decisões, trabalham, varia de diferentes formas, sendo que tal variação vai depender, em sua maioria, das políticas e diretrizes das organizações na maneira como lidar com as pessoas em suas atividades. Para mobilizar e utilizar toda a capacidade das pessoas, em suas atividades, as organizações têm buscado modificar seus conceitos, alterando suas práticas gerenciais, investindo diretamente nas pessoas, que entendem dos produtos e serviços, em vez de focar somente nos clientes. Do exposto se conclui que os estilos de liderança possuem estreita relação com o comportamento organizacional, conclui-se ainda que a figura do líder é fundamental dentro desses arranjos do comportamento organizacional, liderando as pessoas, as equipes para que essas possam desenvolver suas atividades em consonância com os interesses da organização.Palavras-chave: Comportamento Organizacional. Liderança. Relações Interpessoais.Abstract This article aims to discuss organizational behavior and leadership, as well as the relationship between the two themes. The methodology used was bibliographic, based on books and scientific articles already published on the subject in question. For this, the organizational behavior, its models, skills and competences, as well as the most well-known theories on the subject matter were approached. When addressing the theme: Organizational Behavior and Leadership, it is imperative to approach the people’s relationships in the organizational environment, since it is composed of people, giving it life and personality, but the way people behave, take decisions, work, varies in different ways, and such variation will depend, for the most part, on the policies and guidelines of the organizations on how to deal with people in their activities. In order to mobilize and utilize all the people’s capacity in their activities, organizations have sought to modify their concepts, changing their managerial practices, investing directly in the people who understand the products and services instead of focusing only on the clients.From the foregoing, it is  concluded that leadership styles are closely related to organizational behavior, it is also concluded that the leader is fundamental within these arrangements of organizational behavior, leading people, and the teams so that they can develop their activities in line with the interests of the organization.Keywords: Organizational Behavior. Leadership. Interpersonal Relationships.

TROUBLE FOR LEGAL POSITIVISM

Legal Theory ◽  
2006 ◽  
Vol 12 (3) ◽  
pp. 225-263 ◽  
Author(s):  
Danny Priel
Keyword(s):  
Subject Matter ◽  
Legal Theory ◽  
Legal Positivism ◽  
Legal Validity ◽  
Legal Norms ◽  
The Subject ◽  
The Law

Many contemporary legal positivists have argued that legal theory is evaluative because it requires the theorist to make judgments of importance. At the same time they argue that it is possible to know “what the law is” without resort to evaluative considerations. I distinguish between two senses of “what the law is”: in one sense it refers to legal validity, in another to the content of legal norms, and I argue that legal positivism is best understood (as indeed some legal positivists have explicitly said) as a claim about legal content. Understood this way, however, it is open to the objection that knowing the content of legal norms requires evaluative considerations for reasons similar to those offered by positivists for thinking that legal theory is requires evaluative considerations. I then distinguish between evaluative considerations in general and moral considerations and argue that because of the subject-matter of legal norms, there are good reasons for thinking that it is moral considerations, and not just any other evaluative considerations, that are required for knowing the content of legal norms.

scholarly journals Disclaimer – this is a work of fiction: the relationship between law and literature in the novels “The children act”, by Ian McEwan, and “The pale king”, by David Foster Wallace

2019 ◽  
Vol 5 (1) ◽  
pp. 215-234
Author(s):  
Marcelo de Araujo ◽  
Clara Savelli
Keyword(s):  
Cultural Production ◽  
Subject Matter ◽  
Law And Literature ◽  
David Foster Wallace ◽  
Demarcation Line ◽  
Contemporary Debate ◽  
The Subject ◽  
The Law ◽  
Ian Mcewan ◽  
The Relationship

The aim of this article is to explore a relationship that has not yet been examined in the contemporary debate on law and literature. The law can, indeed, constitute the subject matter of a novel. But as we argue in this article, the law can also determine what counts, and what does not count as a novel. We defend this thesis by analyzing Ian McEwan’s “The Children Act” (2014) and David Foster Wallace’s “The Pale King” (2011). In the context of contemporary cultural production, the law has the power and the legitimacy to create what we call the space of fiction. As we intend to show, the law can create the demarcation line between fictional and non-fictional narratives.

ИЗМЕНЕНИЕ ПАРАДИГМЫ МЕТОДОЛОГИИ ЮРИСПРУДЕНЦИИ

2019 ◽  
Vol 13 ◽  
pp. 32-40
Author(s):  
Ю. М. Оборотов
Keyword(s):  
Legal Theory ◽  
Research Strategy ◽  
The State ◽  
New Paradigm ◽  
Methodological Question ◽  
Modern Development ◽  
Decisive Importance ◽  
The Subject ◽  
Methodological Approaches ◽  
The Law

В современной методологии юриспруденции происходит переход от изучения состо­яний ее объекта, которыми выступают право и государство, к постижению этого объек­та в его изменениях и превращениях. Две подсистемы методологии юриспруденции, подсистема обращенная к состоянию права и государства; и подсистема обращенная к изменениям права и государства, — получают свое отображение в концептуальной форме, методологических подходах, методах, специфических понятиях. Показательны перемены в содержании методологии юриспруденции, где определяю­щее значение имеют методологические подходы, определяющие стратегию исследова­тельских поисков во взаимосвязи юриспруденции с правом и государством. Среди наи­более характерных подходов антропологический, аксиологический, цивилизационный, синергетический и герменевтический — определяют плюралистичность современной методологии и свидетельствуют о становлении новой парадигмы методологии юриспру­денции.   In modern methodology of jurisprudence there is a transition from the study the states of its object to its comprehension in changes and transformations. Hence the two subsystems of methodology of jurisprudence: subsystem facing the states of the law and the state as well as their components and aspects; and subsystem facing the changes of the law and the state in general and their constituents. These subsystems of methodology of jurisprudence receive its reflection in conceptual form, methodological approaches, methods, specific concepts. Methodology of jurisprudence should not be restricted to the methodology of legal theory. In this regard, it is an important methodological question about subject of jurisprudence. It is proposed to consider the subject of jurisprudence as complex, covering both the law and the state in their specificity, interaction and integrity. Indicative changes in the content methodology of jurisprudence are the usage of decisive importance methodological approaches that govern research strategy searches in conjunction with the law and the state. Among the most characteristic of modern development approaches: anthropological, axiological, civilization, synergistic and hermeneutic. Modern methodology of jurisprudence is pluralistic in nature alleging various approaches to the law and the state. Marked approaches allow the formation of a new paradigm methodology of jurisprudence.

Introduction

2018 ◽  
Author(s):  
Gerhard Preyer
Keyword(s):  
Subject Matter ◽  
Diverse Range ◽  
The World ◽  
The Subject ◽  
The Relationship

The study of meaning in language embraces a diverse range of problems and methods. Philosophers think through the relationship between language and the world; linguists document speakers’ knowledge of meaning; psychologists investigate the mechanisms of understanding and production. Up through the early 2000s, these investigations were generally compartmentalized: indeed, researchers often regarded both the subject matter and the methods of other disciplines with skepticism. Since then, however, there has been a sea change in the field, enabling researchers increasingly to synthesize the perspectives of philosophy, linguistics, and psychology and to energize all the fields with rich new intellectual perspectives that facilitate meaningful interchange. One illustration of the trend is the publication of Lepore and Stone’s ...

The Trade Mark, Other Product Designations, and Goodwill

2017 ◽  
Author(s):  
Justine Pila
Keyword(s):  
Subject Matter ◽  
Common Law ◽  
Trade Mark ◽  
Geographical Indication ◽  
Passing Off ◽  
Rights Protection ◽  
Essential Properties ◽  
The Subject ◽  
The Common ◽  
The Relationship

This chapter considers the meaning of the terms that appropriately denote the subject matter protectable by registered trade mark and allied rights, including the common law action of passing off. Drawing on the earlier analyses of the objects protectable by patent and copyright, it defines the trade mark, designation of origin, and geographical indication in their current European and UK conception as hybrid inventions/works in the form of purpose-limited expressive objects. It also considers the relationship between the different requirements for trade mark and allied rights protection, and related principles of entitlement. In its conclusion, the legal understandings of trade mark and allied rights subject matter are presented as answers to the questions identified in Chapter 3 concerning the categories and essential properties of the subject matter in question, their method of individuation, and the relationship between and method of establishing their and their tokens’ existence.

The Subject Matter of Intellectual Property

2017 ◽  
Author(s):  
Justine Pila
Keyword(s):  
Intellectual Property ◽  
Subject Matter ◽  
Final Stage ◽  
Theoretical Framework ◽  
Trade Mark ◽  
Second Stage ◽  
Essential Properties ◽  
The Subject ◽  
Three Stages ◽  
The Relationship

This book offers a study of the subject matter protected by each of the main intellectual property (IP) regimes. With a focus on European and UK law particularly, it considers the meaning of the terms used to denote the objects to which IP rights attach, such as ‘invention’, ‘authorial work’, ‘trade mark’, and ‘design’, with reference to the practice of legal officials and the nature of those objects specifically. To that end it proceeds in three stages. At the first stage, in Chapter 2, the nature, aims, and values of IP rights and systems are considered. As historically and currently conceived, IP rights are limited (and generally transferable) exclusionary rights that attach to certain intellectual creations, broadly conceived, and that serve a range of instrumentalist and deontological ends. At the second stage, in Chapter 3, a theoretical framework for thinking about IP subject matter is proposed with the assistance of certain devices from philosophy. That framework supports a paradigmatic conception of the objects protected by IP rights as artifact types distinguished by their properties and categorized accordingly. From this framework, four questions are derived concerning: the nature of the (categories of) subject matter denoted by the terms ‘invention’, ‘authorial work’, ‘trade mark’, ‘design’ etc, including their essential properties; the means by which each subject matter is individuated within the relevant IP regime; the relationship between each subject matter and its concrete instances; and the manner in which the existence of a subject matter and its concrete instances is known. That leaves the book’s final stage, in Chapters 3 to 7. Here legal officials’ use of the terms above, and understanding of the objects that they denote, are studied, and the results presented as answers to the four questions identified previously.

Appropriation redux: Re-reading George Ryga through Jeannette Armstrong

2020 ◽  
pp. 002198942097099
Author(s):  
Kit Dobson
Keyword(s):  
The People ◽  
Critical Attention ◽  
The Subject ◽  
Jeannette Armstrong ◽  
George Ryga ◽  
Alliance Building ◽  
The Relationship ◽  
Indigenous Voices ◽  
Literary Circles

This article considers ways in which solidarity across social locations might play a role in fostering resistance to vulnerability. My case study consists of the interplay between writer George Ryga’s 1967 play The Ecstasy of Rita Joe, and Okanagan Syilx writer and scholar Jeannette Armstrong’s 1985 novel Slash. While these important and compelling texts have received considerable critical attention, the relationship between them is less known. I am interested in the ways in which these works both hail and offer critique to one another. In the contemporary moment, in which questions of appropriation of voice have gained renewed urgency within Indigenous literary circles in Canada and beyond, the relationship between these texts speaks to a historical instance of appropriation, but also of complicated processes of alliance-building. These texts demonstrate how agency resides across multiple locations. I read Ryga’s Ecstasy in the context of Jeannette Armstrong’s engagement with the play within her novel Slash in order to witness the ways in which Ryga’s text, in the first instance, appropriates Indigenous voices into an anti-capitalist critique. In the second instance, I read these works in order to witness how they might simultaneously provide a compelling analysis of the vulnerability of the people who are the subject of both works. I compare the interplay between Armstrong and Ryga’s texts to contemporary debates around appropriation in order to argue for the historical and ongoing importance of these two works as precursors to the crucial interventions made by contemporary Indigenous critics and writers.

Sign in / Sign up

Export Citation Format

Share Document