Philosophical Analysis and Historical Inquiry

2018 ◽  
Author(s):  
Maksymilian Del Mar
Keyword(s):  
Philosophical Analysis ◽  
Historical Inquiry ◽  
Legal Thought ◽  
The Relationship

This chapter considers the relationship between philosophical analysis and historical inquiry, including the specific virtues that historical inquiry brings, what is lost when theorizing is restricted to philosophical analysis, and why this all matters for theorizing law and legal thought. In other words, the chapter attempts to articulate how historical inquiry is generative theoretically and how it can exist, as part of the broader activity of theorizing, in fruitful tension with philosophical analysis. The approach is based on a particular concept of historical inquiry and its resulting historical insights, which is presented in the first part of the chapter. The second part offers some illustrations of the value of historical inquiry for theorizing law and legal thought.

scholarly journals To the question of the relationship between the government and the population through the prism of history

2021 ◽  
pp. 69-74
Author(s):  
Lilia Alekseyeva ◽  
Svetlana Mayorova
Keyword(s):  
The State ◽  
The Real ◽  
Legal Thought ◽  
The Government ◽  
The Relationship

The article is devoted to the study of the development of political and legal thought, devoted to the problem of the relationship between power and the state, as well as the real implementation of these concepts.

Justice Across Borders

2018 ◽  
Author(s):  
Michael Blake
Keyword(s):  
Distributive Justice ◽  
Global Justice ◽  
Philosophical Analysis ◽  
Global Level ◽  
Global Institutions ◽  
Global Distributive Justice ◽  
Global Arena ◽  
The Relationship

This chapter examines how philosophical concepts of distributive justice ought to be applied at the global level. There has been a great deal of philosophical interest in this topic in recent years, and the field has quickly grown to include some sophisticated analyses of how we might think about global distributive justice. This chapter examines this field, and argues that it must become more sophisticated still in order to adequately deal with the complexities of the global arena. In particular, the article argues that we have reason to examine more precisely the nature of global institutions—what powers they actually have, and what it is that they might plausibly hope to become—as a key focus of our philosophical analysis. The relationship between political and distributive justice, in particular, ought to be made a particular focus in our efforts to understand the nature of global justice.

X. Gesetzesbruch als Prinzip. Entwicklungslinien des weltanschaulichen Radikalismus in der Führerdiktatur

2015 ◽  
Vol 132 (1) ◽  
pp. 420-440
Author(s):  
Anselm Doering-Manteuffel
Keyword(s):  
World War I ◽  
Constitutional Law ◽  
Third Reich ◽  
World War ◽  
Legal Professionals ◽  
The Third ◽  
Legal Thought ◽  
The Law ◽  
The Third Reich ◽  
The Relationship

Breaking the Law as a Norm: Contours of Ideological Radicalism within the Nazi Dictatorship. This article analyzes the relationship between Nazi legal experts’ efforts to create a canon of constitutional law for the Third Reich and the ideological radicalism characteristic of Hitler and the SS-state. The attempts of legal professionals to establish “völkisch” constitutional law emerged out of the staunch anti-liberalism that had spread throughout Germany since the end of World War I. However, this “völkisch” constitutional law bore no resemblance to rational European legal thought. It not only proved to be ineffective for this reason, but also because the ideological radicalism that reigned supreme in the Third Reich sought to break the law and let lawlessness rule.

scholarly journals Cultural and Philosophical Analysis of Interethnic

Al-Farabi ◽  
2021 ◽  
Vol 76 (4) ◽  
pp. 132-143
Author(s):  
G. Zhalelova ◽  
◽  
S. Rakimzhanova ◽  
Y. Mukhanbetkaliev ◽  
◽  
...  
Keyword(s):  
Modern Society ◽  
Philosophical Analysis ◽  
Human Relations ◽  
Interethnic Relations ◽  
Social Actors ◽  
Special Place ◽  
Scientific Analysis ◽  
Relationship Of ◽  
The Relationship

In a globalized society, the issue of interethnic relations is one of the most important human relations. The article identifies the foundations of interethnic relations in Kazakhstan and focuses on its cultural and philosophical aspects. Scientific analysis is carried out, studying the peculiarities of interethnic relations in modern society. A special place in this article is given to the study of national issues, the relationship of ethnicity with other social actors. The culture of interethnic relations is defined, its historical character and values are studied.

scholarly journals The main approaches to the study of communication between the doctor and the patient: the appropriateness of philosophical analysis

2020 ◽  
Vol 19 (7-8) ◽  
pp. 5-9
Author(s):  
Marina V. Volferts
Keyword(s):  
Effective Communication ◽  
Philosophical Analysis ◽  
Communication Tools ◽  
Philosophical Thought ◽  
Sociology Of Medicine ◽  
The Relationship

The article deals with the studies devoted to the analysis of communication between a doctor and a patient in various fields of sociohumanitarian knowledge (bioethics, psychology, sociology of medicine). The author believe that these approaches are organizing the communication based on the utilitarian ideas excluding it from ontological problematics. The author proposes to turn to existentially oriented philosophical thought to find the most effective communication tools between a doctor and a patient. In particular, the concept of existential communication of K. Jaspers can be such an instrument, revealing this process as a dialogue of existence with existence and pointing to the ontological basis of communication between the doctor and the patient. Thus, the article presents an attempt to justify the feasibility of a philosophical analysis of the relationship between the doctor and the patient.

scholarly journals Duty as a defence between civil disobedience and criminal law

2021 ◽  
pp. 547-562
Author(s):  
Laura Ciccozzi
Keyword(s):  
United States ◽  
Criminal Law ◽  
Civil Disobedience ◽  
The United States ◽  
17Th Century ◽  
Legal Thought ◽  
History Of ◽  
The Law ◽  
The Right ◽  
The Relationship

The history of civil disobedience begins in the United States in the 17th century and has evolved during the centuries. The most modern type of civil disobedience, whistleblowing, is emblematic of how the concept has changed over the last decades.The question of which circumstances justify disobedience to the law is one of the most debated in the history of legal thought. The article analyses the relationship between morality and criminal law or, in other words, between the right (and duty) to disobey certain laws and its consequences.

Legal Doctrines in Conflict:

1996 ◽  
Vol 3 (2) ◽  
pp. 234-304 ◽  
Author(s):  
Lutz Wiederhold
Keyword(s):  
Legal Practice ◽  
Law Schools ◽  
Long Period ◽  
Legal Thought ◽  
The Social ◽  
The Law ◽  
The Relationship ◽  
Muslim Scholars

AbstractAccording to Western legal historians, the closing of the door of Ijtihād shortly after the formation of the law schools resulted in a long period of sterility in Islamic legal thought and rigid adherence to traditional rules in legal practice. But what did Muslim scholars have in mind when they used the term Ijtihād? Do the sources point to any change in Muslim jurists' understanding of the notion of Ijtihād? And if so, is this change entirely the result of theoretical debate? Drawing on a wide variety of legal sources, supplemented by historiographical and prosopographical sources from the Mamluk and Ottoman periods, I attempt to answer these questions by drawing attention to the relationship between the debate on Ijtihād and the social and political circumstances and legal practices of particular Muslim societies.

The Role of Philosophy in Global Bioethics

2015 ◽  
Vol 24 (2) ◽  
pp. 185-194 ◽  
Author(s):  
SIRKKU K. HELLSTEN
Keyword(s):  
Philosophical Analysis ◽  
Main Argument ◽  
Philosophical Inquiry ◽  
Global Bioethics ◽  
Different Types ◽  
The Relationship ◽  
Universal Nature

Abstract:This article examines the relationship between philosophy and culture in global bioethics. First, it studies what is meant by the term “global” in global bioethics. Second, the author introduces four different types, or recognizable trends, in philosophical inquiry in bioethics today. The main argument is that, in order to make better sense of the complexity of the ethical questions and challenges we face today across the globe, we need to embrace the universal nature of self-critical and analytical philosophical analysis and argumentation, rather than using seemingly philosophical approaches to give unjustified normative emphasis on different cultural approaches to bioethics.

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