The Nature of Legal Philosophy

2021 ◽  
pp. 7-17
Author(s):  
Robert Alexy

Philosophy is general and systematic reflection about what there is, what ought to be done or is good, and how knowledge about both is possible. Legal philosophy raises these questions with respect to the law. In so doing, legal philosophy is engaged in reasoning about the nature of law. The arguments addressed to the question of the nature of law revolve around three problems. The first problem addresses the question: in what kinds of entities does the law consist, and how are these entities connected such that they form the overarching entity we call ‘law’? The answer is that law consists of norms as meaning contents which form a normative system. The second problem addresses the question of how norms as meaning contents are connected with the real world. The third problem addresses the correctness or legitimacy of law, and, by this, the relationship between law and morality.

2021 ◽  
pp. 275-308
Author(s):  
Georg Sørensen ◽  
Jørgen Møller ◽  
Robert Jackson

This chapter examines four major issues in International Political Economy (IPE). The first concerns power and the relationship between politics and economics, and more specifically whether politics is in charge of economics or whether it is the other way around. The second issue deals with development and underdevelopment in developing countries. The third is about the nature and extent of economic globalization, and currently takes places in a context of increasing inequality between and inside countries. The fourth and final issue concerns how to study the real world from an IPE perspective and it pits the hard science American School against the more qualitative and normative British School.


Author(s):  
Irene Zempi ◽  
Imran Awan

This chapter examines the implications of online/offline Islamophobia for victims including increased feelings of vulnerability, fear and insecurity. Participants also suffered a range of psychological and emotional responses such as low confidence, depression and anxiety. Additionally, participants highlighted the relationship between online and offline Islamophobia, and described living in fear because of the possibility of online threats materialising in the ‘real world’. Many participants reported taking steps to become less ‘visible’ for example by taking the headscarf or face veil off for women and shaving their beards for men.


2021 ◽  
Vol 21 (2) ◽  
pp. 252-264
Author(s):  
Nicholas Ross Smith ◽  
Ruairidh J. Brown

There is much pessimism as to the current state of Sino-American relations, especially since the onset of the COVID-19 pandemic in January 2020. Such pessimism has led to some scholars and commentators asserting that the Sino-American relationship is on the cusp of either a new Cold War or, even more alarmingly, something akin to the Peloponnesian War (via a Thucydides Trap) whereby the United States might take pre-emptive measures against China. This article rejects such analogizing and argues that, due to important technological advancements found at the intersection of the digital and fourth industrial revolutions, most of the real competition in the relationship is now occurring in cyberspace, especially with regards to the aim of asserting narratives of truth. Two key narrative battlegrounds that have raged since the onset of the COVID-19 pandemic are examined: where was the origin of the COVID-19 pandemic? and who has had the most successful response to the COVID-19 pandemic?. This article shows that Sino-American competition in cyberspace over asserting their narratives of truth (related to the COVID-19 pandemic) is fierce and unhinged. Part of what is driving this competition is the challenging domestic settings politicians and officials find themselves in both China and the United States, thus, the competing narratives being asserted by both sides are predominately for domestic audiences. However, given that cyberspace connects states with foreign publics more intimately, the international aspect of this competition is also important and could result in further damage to the already fragile Sino-American relationship. Yet, whether this competition will bleed into the real world is far from certain and, because of this, doomsaying via historical analogies should be avoided.


Resonance ◽  
2018 ◽  
Vol 23 (2) ◽  
pp. 183-195
Author(s):  
Deepak Dhar

Author(s):  
Hsiao-Cheng (Sandrine) Han

The purpose of this research is to improve the understanding of how users of online virtual worlds learn and/or relearn ‘culture' through the use of visual components. The goal of this research is to understand if culturally and historically authentic imagery is necessary for users to understand the virtual world; how virtual world residents form and reform their virtual culture; and whether the visual culture in the virtual world is imported from the real world, colonized by any dominate culture, or assimilated into a new culture. The main research question is: Is the authenticity of cultural imagery important to virtual world residents? This research investigates whether visual culture awareness can help students develop a better understanding of visual culture in the real world, and whether this awareness can help educators construct better curricula and pedagogy for visual culture education.


2008 ◽  
Vol 21 (2) ◽  
pp. 429-445 ◽  
Author(s):  
Danny Priel

Matthew Kramer has recently proposed a distinction between norms that are free-floating and those that are not. The distinction, he argued, enables us to distinguish between norms that can be incorporated into the law and those that cannot. In this essay I argue that his distinction is based on several theoretical errors, and that even if it were successful, it is unclear why his distinction is relevant for the question of the boundaries between law and morality. I also provide many examples from actual legal systems of legal norms that do not correspond to Kramer’s distinction. I conclude the essay by suggesting that Kramer’s argument exemplifies a prevalent problem in contemporary legal philosophy, in which much work is often based on simplistic models of law and uses them to develop ‘conceptual’ arguments for what closer attention to the facts shows are empirical questions. As a result many current jurisprudential debates are not helpful for understanding legal phenomena. Recognizing this point is important for reorienting legal philosophy towards other questions which would be more helpful for illuminating its subject-matter.


1993 ◽  
Vol 3 (1) ◽  
pp. 7-53 ◽  
Author(s):  
Roshdi Rashed

The author examines the relationship between mathematics and philosophy in the works of al-Kindī, and suggests that the real character of his contribution will become clear only when we restore to mathematics their proper role in his philosophy. The recently discovered treatise of al-Kindī on the approximation of π, of which the author gives the editio princeps here, throws important new light on al-Kindī's knowledge of mathematics, and on the history of the transmission of The Measurement of the Circle of Archimedes. The author shows that al-Kindī's commentary on the third proposition of the Measurement of the Circle was written before 857, at the same time if not before that of the Banū Mūsā, and that it was one of the sources of the Florence Versions, the Latin commentary on the same proposition.


2014 ◽  
Vol 48 (1) ◽  
Author(s):  
Paul R. McCuistion ◽  
Colin Warner ◽  
Francois P. Viljoen

This article maintained that the historicity of Jesus’ baptism was intended to flesh out the righteousness of God that was well-documented in the Hebrew Scriptures. Furthermore, the historical event initiated the ontological emphasis on the relationship of baptism to righteousness. To support this proposal, this article focused on Matthew’s fulfilment statement in Matthew 3:15. Looking specifically at this verse within its context, the article examines what Matthew may have intended for his community to grasp regarding the Christian tradition of righteousness. The article is divided into four sections that are intended to examine Matthew’s intentions. Firstly, the immediate context is examined, showing the influences and setting for the fulfilment statement. The following section explores the fulfilment statement within this context. The third section uncovers some of the theological traditions in Paul and the church fathers. Finally, the baptismal statement of Matthew 3:15 will be tied directly to the relationship of the law and righteousness in Matthew’s ἦλθον statement of Matthew 5:17. Hierdie artikel betoog dat die historiese waarheid van Jesus se doop bedoel was om die geregtigheid van God, wat volledig uiteengesit is in die Hebreeuse Bybel, te versterk. Verder het die historiese gebeurtenis die ontologiese klem op die verhouding van die doop tot geregtigheid geïnisieer. Om hierdie voorstel te ondersteun, fokus hierdie artikel op Matteus se verklaring van verwesenliking (Mat 3:15). Deur spesifiek na hierdie vers binne sy konteks te kyk, ondersoek die artikel wat Matteus moontlik beplan het sodat sy gemeenskap die Christelike tradisie van geregtigheid kon begryp. Die artikel is in vier afdelings verdeel om sodoende Matteus se bedoelings te ondersoek. Eerstens word die onmiddellike konteks ondersoek wat die invloede en agtergrond van die verklaring van die verwesenliking uitwys. In die volgende afdeling word die verklaring van die verwesenliking in hierdie konteks verken. In die derde afdeling word ’n paar van die teologiese tradisies van Paulus en die kerkvaders aan die lig gebring. Ten slotte is die doopverklaring van Matteus 3:15 regstreeks aan die verhouding van reg en geregtigheid in Mattheus se ἦλθον verklaring van Matteus 5:17 gekoppel.


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