Logic

Frege ◽  
2021 ◽  
pp. 191-221
Author(s):  
Charles Travis
Keyword(s):  
Main Question ◽  
The Law ◽  
Warren Goldfarb

The main question here is how logic is to be conceived. Borrowing terms from Warren Goldfarb, two conceptions are considered: universalism, schematicism. There is also a perhaps third conception. Borrowing a term from Frege, it is called the Verschmelzung conception. A question, then, is what conception fits the ‘logic’ expressed in Begriffsschrift in Grundgesetze v. I. The answer is, ‘strictly speaking neither’. Grundgesetze is an unfolding of the idea that the law-likeness of being true is, in first instance, at the level of Bedeutung. This creates a predicament for Frege, which he deals with only partly successfully. Frege sees himself as unfolding an insight that the laws of truth operate in first instance at the level of Bedeutung. His elaboration, however, makes for serious problems.

scholarly journals Seller and buyer obligations and guarantee of its implementation in the trade law of Iran and Egypt

2021 ◽  
Vol 8 (SPE3) ◽  
Author(s):  
Saeed Sharafoddin Tabatabai ◽  
Seyed Mohsen Razmi ◽  
Mostafa Rajaeipoor
Keyword(s):  
Present Article ◽  
Main Question ◽  
Trade Law ◽  
The Law ◽  
Library Method ◽  
Research Show

The purpose of this article is to study the obligations of the parties to the law in Iran and Egypt and guarantee its implementation. The main question that has been proposed and examined in this regard is what are the obligations of the seller and the buyer in the law of Iran and Egypt? And how can the guarantee of its implementation be assessed in the law of the two countries? The present article is a descriptive-analytical and examines the question using the library method. The results of this research show that by concluding a series of obligations, the parties will be responsible which must be observed, which have the same view of these obligations in both laws; obligations such as delivery of price and cost are the delivery of both documents.

scholarly journals Philosophy and Exegesis in al-Fârâbî, Averroes, and Maimonides

2008 ◽  
Vol 64 (1) ◽  
pp. 105-125 ◽  
Author(s):  
Carlos Fraenkel
Keyword(s):  
Conceptual Framework ◽  
Ancient Philosophy ◽  
The Other ◽  
Main Question ◽  
Standard Position ◽  
Other Hand ◽  
The Law ◽  
Law Of Moses ◽  
Jewish Philosophy ◽  
Medieval Jewish Philosophy

Abstract Maimonides and Averroes shared in many respects a philosophical-religious outlook and have been described as disciples of al-Fârâbî, the founder of the school of Arabic Aristotelianism (falsafa). At first view, however, their legacy could hardly be more different : while Averroes wrote almost only commentaries on Aristotle, Maimonides did not write a single work that, strictly speaking, falls into a traditional philosophical genre. He is, on the other hand, a prominent commentator as well — only that instead of explicating Aristotle, he comments on the Law of Moses. The main question I address in this paper is whether this strikingly different relation to philosophy and exegesis in Averroes and Maimonides can be explained as two ways of implementing a conceptual framework established by al-Fârâbî. I first examine al-Fârâbî’s project, which I suggest is determined by a twofold task : to take up and continue the project of ancient philosophy and to define its place in a society in which the authority of the divine Law is undisputed. Then I argue that while Averroes’ work can on the whole be understood as continuing al-Fârâbî’s project, this is only in a qualified way true for Maimonides who in part creatively transforms al-Fârâbî and in part relies on premises that can clearly not be derived from al-Fârâbî. Maimonides’ position on philosophy and exegesis is in important respects different from the standard position of the falâsifa — and this had far-reaching implications for later medieval Jewish philosophy.

Was für Praktiken? Zur jüngsten Diskussion um die ἔργανόμου

2009 ◽  
Vol 55 (1) ◽  
pp. 35-54 ◽  
Author(s):  
Michael Bachmann
Keyword(s):  
Main Question ◽  
Good Works ◽  
First Case ◽  
New Perspective On Paul ◽  
Positive Statements ◽  
The Law ◽  
New Perspective

There is no consensus on the meaning of the syntagm ἔργα νόμου (in the discussion on the New Perspective on Paul). The main question is: Does the expression refer to halakhot or (so recently O. Hofius) to deeds? In the first case, according to Paul, justification does not depend on a system of regulations (in particular not on ‘boundary markers’), in the second case justification does not depend on the (good) works of individuals. Meanwhile a considerable group of scholars advocates the halakhot interpretation, and for instance Gal 3.10 supports it (τά γεγραμμένα, αὐτά). Diachronic arguments which, however, should not only consider thenomen regens(ἔργα) are to be added (see Apk 2.26;TestLevXIX.1; 4QMMT C27; yQid 63d). The Pauline references can be understood much better under this assumption, and it does not mean to undermine the ‘Lutheran’ emphasis on forgiving of sin and on Christ (see Gal 2.16–17). But now it is easier to take into account the apostle's positive statements concerning the law (see Rom 8.4) and concerning the judgement ‘according to the deeds of a person’ (see Rom 2.6).

scholarly journals VIEŠOJO INTERESO APIBRĖŽIMO LIETUVOS URBANISTINĖJE PLĖTROJE KLAUSIMU/ON DEFINITION OF PUBLIC INTEREST IN URBAN DEVELOPMENT OF LITHUANIA

2008 ◽  
Vol 32 (4) ◽  
pp. 248-257 ◽  
Author(s):  
Eugenijus Staniūnas
Keyword(s):  
Urban Planning ◽  
Urban Development ◽  
Legal System ◽  
Public Interest ◽  
Main Question ◽  
Legal Definition ◽  
The Law ◽  
Definition Of ◽  
The City ◽  
Societal Interest

The word “public“ has two meanings in the Lithuanian language. It means “useful for society“ and “overt“ (“nonsecret“). Double-edged meaning of the category is not acceptable in the sphere of practical urban development, where decisions mean the distribution of goods among individuals as well as the distribution of goods among individuals and overall. In general it is not clear whether the development of the city should be only overt or whether it has also something to do with the interest of society, with the interest of the entire population of the city. The language peculiarities require a special approach of the legal system to the term. The Lithuanian legal system makes not very much in this direction, may be rather on the contrary it makes the term “public interest“ even more misty. The Lithuanian Constitution mentions societal interest (requires to support useful for society economic activity), however, neither the Constitution nor the Law on Territory Planning describe what the category “society use“ (societal interest) means. The Law does not see the diference a person and the entirety of city population. It says that the term “public“ (“society“) means one as well as more natural or legal persons. This situation has many sequences: the main question of the social system of the state is not clear; the basis of the mission of urban planning is not clear too; the principle of distribution of goods in urban development is not declared; the question of a legal goods distribution can hardly even be raised. The idea of a more precise legal definition of the term “public interest“ is raised in the paper. The author thinks that the formula “public goods are goods that cannot be produced by an individual“ can be a good basis for elaborating a legal definition of the category “public interest“. It allows to divide clearly and logically overall and individual goods. It allows to see what concrete development proposals are useful for. It allows to show the logical place of urban planning in general: public interest in urban development should be the production of goods that cannot be produced by separate citizens; this production should also be accepted as the mission of urban planning. Santrauka Nagrinėjamas viešojo (visuomenės) intereso apibrėžimo ir jo sąsajų su teritorine plėtra klausimas. Apie visuomenės interesus užsiminta Lietuvos Konstitucijoje, tačiau kas tai yra konkrečiau, Lietuvos įstatymuose nepaaiškinta. Neapibrėžus šios kategorijos, praktiškai neįmanoma išspręsti esminio valstybei – jos socialinės sistemos klausimo, t. y. konkretizuoti visuomenės ir individo santykių principo (nors jis apytikriai ir paaiškintas pagrindiniame šalies įstatyme). Rezultatas yra tas, kad gyvenimo praktikoje (taip pat ir teritorinėje plėtroje) realizuojama galbūt nuo Konstitucijos atitrūkusi ir nežinia kokia valstybės idėja. Straipsnyje siūloma šią spragą užpildyti ir analizuojama, kaip tai būtų galima padaryti.

scholarly journals Non Liquet: From Modern Law to Roman Law

1974 ◽  
Vol 9 (1) ◽  
pp. 63-84 ◽  
Author(s):  
Alfredo Mordechai Rabello
Keyword(s):  
French Revolution ◽  
Separation Of Powers ◽  
Evolutionary Process ◽  
Roman Law ◽  
Main Question ◽  
Legal Systems ◽  
Insufficient Evidence ◽  
The Law ◽  
Code Civil

1.May a Judge Refuse to Pronounce Judgment?: In modern legal systems, the judge cannot as a rule evade his basic duty, that of adjudicating. He has the option of either allowing or of rejecting the plaintiff's claims. Under the rules of criminal procedure adopted by several countries, he may acquit for insufficient evidence. But he cannot be released from exercising his function as a judge, claiming either that the facts of the case are not sufficiently clear to him (factual doubt), or that the norm to be applied in the specific case cannot be determined (judicial doubt), or even that there exists no fixed norm for the determination of the case (lacunain the law).Thus theCode Civil des Français(orCode Napoléon) lays down explicitly: “A judge who refuses to decide a case, on the pretext that the law is silent, obscure or insufficient, may be prosecuted as being guilty of denial of justice”. This article is the outcome of a long evolutionary process. Prior to the French Revolution, before the separation of powers, the main question was not that oflacunaebut rather that of the directions given to the judge in order to help him carry out his functions.

scholarly journals The Law of the Community and Community Rights: Implications for the Métis in Canada

2017 ◽  
Vol 6 (2) ◽  
Author(s):  
Natacha Gagné ◽  
Claudie Larcher ◽  
Sébastien Grammond
Keyword(s):  
Content Analysis ◽  
Supreme Court ◽  
Qualitative Content Analysis ◽  
Main Question ◽  
Community Rights ◽  
The Supreme Court ◽  
The Law

This paper is based on the result of a qualitative content analysis of the transcripts of the Hirsekorn trial which took place from 4 May 2009 to 24 June 2010 before the Provincial Court of Alberta. The case was based on the framework established in the Powley case, handed down in 2003, the Supreme Court of Canada’s first decision on Métis rights. In defence, the accused asserted an aboriginal right to hunt protected by section 35 of the Constitution Act, 1982. Hence, the judges had to render a decision on the Métis identity of the accused and his membership in a rights-holding Métis community. The main question at issue then becomes the existence of such a community. In this paper, the authors analyze the concept of “community” as a legal category and as a holder of rights. They highlight the various definitions given to that concept by the Crown and the defence and their implications. This analysis follows the path of anthropological work regarding the concept of “community.”

scholarly journals Absence of a Universal Treaty on Foreign Investment and Movement toward It

2016 ◽  
Vol 9 (5) ◽  
pp. 299
Author(s):  
Leila Raeisi ◽  
Abdolnaeim Shahriari
Keyword(s):  
Social Development ◽  
Foreign Investment ◽  
Main Question ◽  
Legal Regime ◽  
Investment Treaty ◽  
Depth Study ◽  
The Law ◽  
Vast Range

Foreign investment is today one of the most important pillars of economic and social development. Having passed several ups and downs, the legal regime governing foreign investment could be now called the result of a vast range of developments. An in-depth study of these developments will provide a comprehensive outlook for preparing a roadmap of the law on foreign investment both from a national and transnational perspective. In this regard, one main question would be whether the development of rules in the field of foreign investment has prepared the required conditions and basis for conclusion of a universal treaty on foreign investment? Plus it is to be clarified as to what would be the appropriate approach for regulation of foreign investment from the international aspect. While studying the developments in the recent decades, the present paper will review the perspectives for conclusion of a universal foreign investment treaty and the process for such a treaty.

Ethical Challenges: Less About Moral Wrongdoing and More About Communication Breakdown

2015 ◽  
Vol 20 (3) ◽  
pp. 72-84 ◽  
Author(s):  
Paula Leslie ◽  
Mary Casper
Keyword(s):  
Ethical Challenges ◽  
Speech Language Pathology ◽  
Thickened Liquids ◽  
Communication Breakdown ◽  
Professional Duty ◽  
Language Pathology ◽  
The Law ◽  
Personal Case

“My patient refuses thickened liquids, should I discharge them from my caseload?” A version of this question appears at least weekly on the American Speech-Language-Hearing Association's Community pages. People talk of respecting the patient's right to be non-compliant with speech-language pathology recommendations. We challenge use of the word “respect” and calling a patient “non-compliant” in the same sentence: does use of the latter term preclude the former? In this article we will share our reflections on why we are interested in these so called “ethical challenges” from a personal case level to what our professional duty requires of us. Our proposal is that the problems that we encounter are less to do with ethical or moral puzzles and usually due to inadequate communication. We will outline resources that clinicians may use to support their work from what seems to be a straightforward case to those that are mired in complexity. And we will tackle fears and facts regarding litigation and the law.

Sign in / Sign up

Export Citation Format

Share Document