scholarly journals Law in other contexts: stand bravely brothers! A report from the law wars

2008 ◽  
Vol 4 (2) ◽  
pp. 111-134
Author(s):  
Oscar Guardiola-Rivera
Keyword(s):  
Political Philosophy ◽  
Legal Theory ◽  
Philosophical Tradition ◽  
Surface Appearance ◽  
Political Justice ◽  
General Terms ◽  
The Subject ◽  
Theory Of Law ◽  
Object Of Study ◽  
Critique Of Violence

AbstractThis essay argues against the two pillars of current research on law and globalisation, from the perspective of legal theory and political philosophy: first, the distinction between ‘well-ordered’ and ‘not so well-ordered’ societies; second, the sociological model of the subject as pacified, fearful and isolated (to sum up, in harmony). It is argued that mainstream legal theory and political philosophy merely reflects the actual rules of the game of competition, dispute and conflict. In contrast, this essay takes sides with the anthropological and philosophical tradition that conceives the subject as antagonistic and in state of lack, profoundly concerned with the other, whom she imitates and whose standpoint she must be able to share if she is to make sense of the world. Furthermore, it is argued that transitivity or imitation lies at the very origin of conflict and dispute; lack and antagonism remain thus at the core of society, in spite of the surface appearance of harmony that characterises post-modern societies. Because of this, any general theory of law and society that wishes to be relevant at the time of globalisation must make the experience of antagonism and violence, motivated by imitation and envy, and its containment, its object of study. To do this, it must abandon the dualist conception of subjects and societies expressed in the distinction between ‘well-ordered’ (more violent) and ‘not-so-well-ordered’ (less violent) societies that has informed its investigation to this day, in order to declare in the most general terms a critique of violence from the standpoint of the victim, as of a piece with its demand for global social and political justice.

scholarly journals WHY LEGAL THEORY IS POLITICAL PHILOSOPHY

Legal Theory ◽  
2013 ◽  
Vol 19 (4) ◽  
pp. 331-346
Author(s):  
William A. Edmundson
Keyword(s):  
Political Philosophy ◽  
Legal Theory ◽  
Moral Judgments ◽  
Legal Institutions ◽  
Legal Norms ◽  
Evaluative Judgments ◽  
Adequate Theory ◽  
The Concept Of Law ◽  
Theory Of Law ◽  
Legal Theorist

The concept of law is not a theorist's invention but one that people use every day. Thus one measure of the adequacy of a theory of law is its degree of fidelity to the concept as it is understood by those who use it. That means “saving the truisms” as far as possible. There are important truisms about the law that have an evaluative cast. The theorist has either to say what would make those evaluative truisms true or to defend her choice to dismiss them as false of law or not of the essence of law. Thus the legal theorist must give an account of the truth grounds of the more central evaluative truisms about law. This account is a theory of legitimacy. It will contain framing judgments that state logical relations between descriptive judgments and directly evaluative judgments. Framing judgments are not directly evaluative, nor do they entail directly evaluative judgments, but they are nonetheless moral judgments. Therefore, an adequate theory of law must make (some) moral judgments. This means that an adequate theory of law has to take a stand on certain (but not all) contested issues in political philosophy. Legal theory is thus a branch of political philosophy. Moreover, one cannot be a moral-aim functionalist about legal institutions without compromising one's positivism about legal norms.

On the problem of legality-legitimacy in theory of law and philosophy of law

2020 ◽  
pp. 19-27
Author(s):  
Artem Aleksandrovich Savenkov
Keyword(s):  
Research Methodology ◽  
Critical Analysis ◽  
Legal Theory ◽  
Legal Aspects ◽  
Philosophy Of Law ◽  
Legal Legitimacy ◽  
Legal Thinking ◽  
The Subject ◽  
Theory Of Law ◽  
Area Of Application

The subject of this research is the problem of understanding and interpretation of the meaning and designation of one of the key concept of modern legal lexicon – “legitimacy”. Legitimacy became an attribute of the current scientific paradigm of legal thinking, because broadening the area of application, it is used as a certain standard of highest legality, often perplexing comprehension of the problems of legal theory, as on etymological level its leans only on one of the Latin versions of the word “legal”. In the same platitude, legitimate legality and legal legitimacy are a common tautology, which in the context of theory of law and philosophy of law, insistently dictates the necessity to clarify this term and definition. Research methodology suggests the analysis of the problem of legality-legitimacy from the perspective of differentiating legal and other disciplinary approaches: political scientific, sociological, etc. The novelty of this study consists in the problematic-critical analysis of the concept of “legitimacy” on the context of theory of law and philosophy of law. The conducted research demonstrates that the problem of legitimacy represents is a terminological substitution within the framework of legal-positivistic doctrine for the so-called not “purely” legal aspects: sociological, psychological, political scientific, and other. 

UNIVERSALS, GENERAL TERMS AND THE COMPARATIVE STUDY OF RELIGION

Numen ◽  
2001 ◽  
Vol 48 (3) ◽  
pp. 238-266 ◽  
Author(s):  
Jeppe Sinding Jensen
Keyword(s):  
Comparative Study ◽  
Subject Matter ◽  
General Terms ◽  
The Status ◽  
The Subject ◽  
Cultural Formations ◽  
Object Of Study ◽  
The Comparative Study

AbstractA comparative study of religion rests on comparison and generalization. Both require that the object of study, the subject matters of various religions have something in common - certain properties that warrant their juxtaposition in analyses. If they had nothing in common, "the study" of religion would not make any sense. But it seemingly does, thus "religions" presumably form a subject matter with certain regularities. Such regularities may be "emic universals" on the level of socio-cultural formations and they may be "etic universals" on the levels of the analysts' stock of general terms - and the two levels are connected. This article focuses mainly on the role of universals as general concepts in method and theory, i.e., on the status and use of etic level generalizations such as models, maps, metaphors that are constructed in order to explain and make sense, as general terms, of emic level entities, properties, functions, structures etc. The last part concerns the use of universals in four modes of comparison of material, cognitive and symbolic matters.

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.

STUDI DESKRIPTIF MINAT CALON GURU SEKOLAH DASAR TERHADAP PENGGUNAAN ALAT PERAGA MATEMATIKA SETELAH PERKULIAHAN MEDIA DAN MODEL PEMBELAJARAN MATEMATIKA SD

2015 ◽  
Vol 8 (1) ◽  
pp. 19
Author(s):  
Isna Rafianti ◽  
Etika Khaerunnisa
Keyword(s):  
Elementary Teachers ◽  
Elementary Mathematics ◽  
Mathematics Learning ◽  
Learning Model ◽  
Prospective Elementary Teachers ◽  
Descriptive Research ◽  
Learning Mathematics ◽  
Mathematical Problems ◽  
The Subject ◽  
Object Of Study

This research is motivated by the lack of interest of teachers in the use of props in the process of learning mathematics in elementary school. In accordance with the demands of the curriculum in 2013 and supported by the developed learning theory, learning mathematics is abstract object of study, students need an intermediary that props math-ematics, so that students can more easily understand the concepts that will be pre-sented, and in the end it can deliver students to solve mathematical problems, not only that proposed by the teacher but also the problems in life. The purpose of this study was to determine the interest of prospective elementary teachers on the use of props mathematics after getting lectures media and elementary mathematics learning model. By knowing the interest of prospective elementary teachers will be developed further realization of the state of the subject being studied. The method used is descriptive research, then the instruments used were questionnaires and interviews. The results of this study stated that the interest of prospective elementary teachers on the use of props after attending lectures media and elementary mathematics learning model is high over-all with a percentage of 76.70%.Keywords : Interest, Props Mathematics

A Rhetorics of the Word

2019 ◽  
Author(s):  
George Pattison
Keyword(s):  
Political Discourse ◽  
Philosophical Tradition ◽  
Final Part ◽  
Communications Technology ◽  
Christian Life ◽  
Call And Response ◽  
Hermann Broch ◽  
The Subject ◽  
The Impact

A Rhetorics of the Word is the second volume of a three-part philosophy of Christian life. It approaches Christian life as expressive of a divine calling or vocation. The word Church (ekklesia) and the role of naming in baptism indicate the fundamental place of calling in Christian life. However, ideas of vocation are difficult to access in a world shaped by the experience of disenchantment. The difficulties of articulating vocation are explored with reference to Weber, Heidegger, and Kierkegaard. These are further connected to a general crisis of language, manifesting in the degradation of political discourse (Arendt) and the impact of new communications technology on human discourse. This impact can be seen as reinforcing an occlusion of language in favour of rationality already evidenced in the philosophical tradition and technocratic management. New possibilities for thinking vocation are pursued through the biblical prophets (with emphasis on Buber’s and Rosenzweig’s reinterpretation of the call of Moses), Saint John, and Russian philosophies of language (Florensky to Bakhtin). Vocation emerges as bound up with the possibility of being name-bearers, enabling a mutuality of call and response. This is then evidenced further in ethics and poetics, where Levinas and Hermann Broch (The Death of Virgil) become major points of reference. In conclusion, the themes of calling and the name are seen to shape the possibility of love—the subject of the final part of the philosophy of Christian life: A Metaphysics of Love.

Introduction

2018 ◽  
Author(s):  
Chakravarthi Ram-Prasad
Keyword(s):  
Philosophical Tradition ◽  
Phenomenological Tradition ◽  
The Third ◽  
Western Philosophical Tradition ◽  
The Subject ◽  
To Come

The Introduction outlines the various chapters. It then situates the question of ‘body’ in the modern Western philosophical tradition following Descartes, and argues that this leaves subsequent responses to come under one of three options: metaphysical dualism of body and subject; any anti-dualist reductionism; or the overcoming of the divide. Describing the Phenomenology of Merleau-Ponty as a potent example of the third strategy, the Introduction then suggests his philosophy will function as foil to the ecological phenomenology developed and presented in the book. Moreover, one approach within the Western Phenomenological tradition, of treating phenomenology as a methodology for the clarification of experience (rather than the means to the determination of an ontology of the subject) is compared to the approach in this book. Since classical India, while understanding dualism, did not confront the challenge of Descartes (for better or for worse), its treatment of body follows a different trajectory.

Pragmatic Reconstruction in Jurisprudence: Features of a Realistic Legal Theory

2021 ◽  
Vol 34 (1) ◽  
pp. 171-202
Author(s):  
Brian Z. Tamanaha
Keyword(s):  
Twentieth Century ◽  
Coercive Force ◽  
Social Life ◽  
Conceptual Analysis ◽  
Legal Theory ◽  
A Priori ◽  
Planning System ◽  
Universal Feature ◽  
Moral Problems ◽  
Theory Of Law

A century ago the pragmatists called for reconstruction in philosophy. Philosophy at the time was occupied with conceptual analysis, abstractions, a priori analysis, and the pursuit of necessary, universal truths. Pragmatists argued that philosophy instead should center on the pressing problems of the day, which requires theorists to pay attention to social complexity, variation, change, power, consequences, and other concrete aspects of social life. The parallels between philosophy then and jurisprudence today are striking, as I show, calling for a pragmatism-informed theory of law within contemporary jurisprudence. In the wake of H.L.A. Hart’s mid-century turn to conceptual analysis, “during the course of the twentieth century, the boundaries of jurisprudential inquiry were progressively narrowed.”1 Jurisprudence today is dominated by legal philosophers engaged in conceptual analysis built on intuitions, seeking to identify essential features and timeless truths about law. In the pursuit of these objectives, they detach law from its social and historical moorings, they ignore variation and change, they drastically reduce law to a singular phenomenon—like a coercive planning system for difficult moral problems2—and they deny that coercive force is a universal feature of law, among other ways in which they depart from the reality of law; a few prominent jurisprudents even proffer arguments that invoke aliens or societies of angels.

Kelsen – Which Kelsen? A Reapplication of the Pure Theory to International Law

2009 ◽  
Vol 22 (2) ◽  
pp. 225-249 ◽  
Author(s):  
JÖRG KAMMERHOFER
Keyword(s):  
International Law ◽  
Legal Theory ◽  
Pure Theory ◽  
Municipal Law ◽  
Hans Kelsen ◽  
Theory Of Law ◽  
The Right ◽  
Relationship Of ◽  
The Relationship ◽  
Legal Theorist

AbstractHans Kelsen is known both as a legal theorist and as an international lawyer. This article shows that his theory of international law is an integral part of the Kelsenian Pure Theory of Law. Two areas of international law are analysed: first, Kelsen's coercive order paradigm and its relationship to the bellum iustum doctrine; second, the Kelsenian notion of the unity of all law vis-à-vis theories of the relationship of international and municipal law. In a second step, the results of Kelsenian general legal theory of the late period – as interpreted and developed by the present author – are reapplied to selected doctrines of international law. Thus is the coercive order paradigm resolved, the unity of law dissolved, and the UN Charter reinterpreted to show that the concretization of norms as positive international law cannot be unmade by a scholarship usurping the right to make law.

Das Zwischenreich (τὸ μεταξύ)

2020 ◽  
Author(s):  
Wolfram Hogrebe
Keyword(s):  
Martin Heidegger ◽  
Henry David Thoreau ◽  
Gottfried Wilhelm Leibniz ◽  
Philosophical Tradition ◽  
Gotthold Ephraim Lessing ◽  
Philosophical Thinking ◽  
Peter Handke ◽  
Intermediate Space ◽  
The Subject

In this book, Wolfram Hogrebe deals with the realm of the intermediate – an ancient philosophical tradition according to which philosophical thinking is concerned with a kind of intermediate space that holds the orders of concepts and ideas in a remarkable limbo. The in-between is, as it were, a medium sustaining both thoughts and languages and is thus likely to disclose uncharted areas where thinking itself changes. Hogrebe shows how frequently this in-between, which has also been known to surface in experiences of nature, is the subject theme of a host of different philosophers and poets such as Gottfried Wilhelm Leibniz, Gotthold Ephraim Lessing, Martin Heidegger, Henry David Thoreau and Peter Handke.

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