The role and place of theory in legal education: reflections on foundationalism

Legal Studies ◽  
1989 ◽  
Vol 9 (2) ◽  
pp. 146-164 ◽  
Author(s):  
Alan Hunt
Keyword(s):  
Legal Education ◽  
Legal Studies ◽  
The Law ◽  
The Relationship ◽  
The Way

This paper discusses the role of theory in legal education. It builds on an exchange between the author and Neil MacCormick and upon the discussion of the place of theory in legal education in William Twining’s symposium. The paper will move from some fairly concrete issues about the place of jurisprudence in the law curriculum towards some wider problems about the place of theory in legal studies and, finally, will consider some issues about the relationship between theory and jurisprudence. On the way it discusses the relationship between theory and philosophy in a manner which focuses upon the controversy about the foundational claims and pretensions of the theoretical and philosophical enterprise.

scholarly journals Forgotten? The Role of Graduate Legal Education in the Future of the Law Faculty

2014 ◽  
Vol 51 (4) ◽  
pp. 761
Author(s):  
Rosalie Jukier ◽  
Kate Glover
Keyword(s):  
Legal Education ◽  
Law Students ◽  
Graduate Studies ◽  
Legal Studies ◽  
Canadian Law ◽  
Law Faculty ◽  
The Future ◽  
The Law ◽  
The University

In this article, the authors argue that the longstanding trend of excluding graduate studies in law from the discourse on legal education has detrimental effects on both the discourse and the future of the law faculty. More specifically, disregarding graduate legal education is at odds with the reality of graduate studies in Canadian law faculties today, ignores the challenges of graduate programs in law, and perpetuates inaccurate distinctions about both the career aspirations of law students and the relationship between undergraduate and graduate legal studies. In the authors’ view, these concerns can be overcome by reframing the discourse. Once the purpose of legal education is understood to be the cultivation of jurists and the law faculty is seen as an integrated whole of people, place, and program, graduate legal education moves easily into the discussion on the future of the law faculty. Including graduate studies in the discourse is an opportunity to explore, and be hopeful about, the institutional missions of law faculties and their place in the university, the optimization of legal education at all levels, and the methods by which participants in graduate studies should fulfill their responsibilities to the future of the discipline.

Prawne aspekty eutanazji w Holandii

2016 ◽  
Vol 14 (3) ◽  
pp. 243-253
Author(s):  
Grzegorz Stefanowicz
Keyword(s):  
The Netherlands ◽  
Assisted Suicide ◽  
Public Authority ◽  
Dutch Society ◽  
On Demand ◽  
Limited Length ◽  
The Law ◽  
Death On Demand ◽  
The Way

This article undertakes to show the way that has led to the statutory decriminalization of euthanasia-related murder and assisted suicide in the Kingdom of the Netherlands. It presents the evolution of the views held by Dutch society on the euthanasia related practice, in the consequence of which death on demand has become legal after less than thirty years. Due attention is paid to the role of organs of public authority in these changes, with a particular emphasis put on the role of the Dutch Parliament – the States General. Because of scarcity of space and limited length of the article, the change in the attitudes toward euthanasia, which has taken place in the Netherlands, is presented in a synthetic way – from the first discussions on admissibility of a euthanasia-related murder carried out in the 1970s, through the practice of killing patients at their request, which was against the law at that time, but with years began more and more acceptable, up to the statutory decriminalization of euthanasia by the Dutch Parliament, made with the support of the majority of society.

Parliamentarism and the Legislative Branch

2017 ◽  
Author(s):  
András Sajó ◽  
Renáta Uitz
Keyword(s):  
Decision Making ◽  
Political Parties ◽  
Legislative Branch ◽  
Effective Decision ◽  
The Law ◽  
Internal Operations ◽  
Effective Decision Making ◽  
The Relationship ◽  
Law Making

This chapter examines the relationship between parliamentarism and the legislative branch. It explores the evolution of the legislative branch, leading to disillusionment with the rationalized law-making factory, a venture run by political parties beyond the reach of constitutional rules. The rise of democratically bred party rule is positioned between the forces favouring free debate versus effective decision-making in the legislature. The chapter analyses the institutional make-up and internal operations of the legislature, the role of the opposition in the legislative assembly, and explores the benefits of bicameralism for boosting the powers of the legislative branch. Finally, it looks at the law-making process and its outsourcing via delegating legislative powers to the executive.

A New Hope

2018 ◽  
Author(s):  
Zoran Oklopcic
Keyword(s):  
Popular Sovereignty ◽  
The People ◽  
Collective Self ◽  
The Relationship ◽  
The Way

As the final chapter of the book, Chapter 10 confronts the limits of an imagination that is constitutional and constituent, as well as (e)utopian—oriented towards concrete visions of a better life. In doing so, the chapter confronts the role of Square, Triangle, and Circle—which subtly affect the way we think about legal hierarchy, popular sovereignty, and collective self-government. Building on that discussion, the chapter confronts the relationship between circularity, transparency, and iconography of ‘paradoxical’ origins of democratic constitutions. These representations are part of a broader morphology of imaginative obstacles that stand in the way of a more expansive constituent imagination. The second part of the chapter focuses on the most important five—Anathema, Nebula, Utopia, Aporia, and Tabula—and closes with the discussion of Ernst Bloch’s ‘wishful images’ and the ways in which manifold ‘diagrams of hope and purpose’ beyond the people may help make them attractive again.

Corporate Social Responsibility and Government: The Role of Discretion for Engagement with Public Policy

2021 ◽  
pp. 1-29
Author(s):  
Jette Steen Knudsen ◽  
Jeremy Moon
Keyword(s):  
Public Policy ◽  
Corporate Social Responsibility ◽  
Social Responsibility ◽  
Integrated Framework ◽  
The Law ◽  
Corporate Social ◽  
Relationship Of ◽  
The Relationship

We investigate the relationship of corporate social responsibility (CSR) (often assumed to reflect corporate voluntarism) and government (often assumed to reflect coercion). We distinguish two broad perspectives on the CSR and government relationship: the dichotomous (i.e., government and CSR are / should be independent of one another) and the related (i.e., government and CSR are / should be interconnected). Using typologies of CSR public policy and of CSR and the law, we present an integrated framework for corporate discretion for engagement with public policy for CSR. We make four related contributions. First, we explain the dichotomous and the related perspectives with reference to their various assumptions and analyses. Second, we demonstrate that public policy for CSR and corporate discretion coexist and interact. Specifically, we show, third, that public policy for CSR can inform and stimulate corporate discretion and, fourth, that corporations have discretion for CSR, particularly as to how corporations engage with such policy.

scholarly journals Bridging Ride and Play Comfort

Information ◽  
2021 ◽  
Vol 12 (3) ◽  
pp. 119
Author(s):  
Zeliang Zhang ◽  
Kang Xiaohan ◽  
Mohd Nor Akmal Khalid ◽  
Hiroyuki Iida
Keyword(s):  
Physical Performance ◽  
Ride Comfort ◽  
Roller Coaster ◽  
Mental Experience ◽  
The Law ◽  
Target Environment ◽  
Rider Comfort ◽  
The Relationship ◽  
Suitable Environment ◽  
The Way

The notion of comfort with respect to rides, such as roller coasters, is typically addressed from the perspective of a physical ride, where the convenience of transportation is redefined to minimize risk and maximize thrill. As a popular form of entertainment, roller coasters sit at the nexus of rides and games, providing a suitable environment to measure both mental and physical experiences of rider comfort. In this paper, the way risk and comfort affect such experiences is investigated, and the connection between play comfort and ride comfort is explored. A roller coaster ride simulation is adopted as the target environment for this research, which combines the feeling of being thrill and comfort simultaneously. At the same time, this paper also expands research on roller coaster rides while bridging the rides and games via the analogy of the law of physics, a concept currently known as motion in mind. This study’s contribution involves a roller coaster ride model, which provides an extended understanding of the relationship between physical performance and the mental experience relative to the concept of motion in mind while establishing critical criteria for a comfortable experience of both the ride and play.

Knowing by Doing: The Role of Geometrical Practice in Aristotle’s Theory of Knowledge

Elenchos ◽  
2015 ◽  
Vol 36 (1) ◽  
pp. 45-88 ◽  
Author(s):  
Monica Ugaglia
Keyword(s):  
Scientific Knowledge ◽  
Theory Of Knowledge ◽  
States Of Mind ◽  
General Process ◽  
The Real ◽  
Analogical Model ◽  
Primary Function ◽  
The Relationship ◽  
The Way

Abstract Aristotle’s way of conceiving the relationship between mathematics and other branches of scientific knowledge is completely different from the way a contemporary scientist conceives it. This is one of the causes of the fact that we look at the mathematical passages we find in Aristotle’s works with the wrong expectation. We expect to find more or less stringent proofs, while for the most part Aristotle employs mere analogies. Indeed, this is the primary function of mathematics when employed in a philosophical context: not a demonstrative tool, but a purely analogical model. In the case of the geometrical examples discussed in this paper, the diagrams are not conceived as part of a formalized proof, but as a work in progress. Aristotle is not interested in the final diagram but in the construction viewed in its process of development; namely in the figure a geometer draws, and gradually modifies, when he tries to solve a problem. The way in which the geometer makes use of the elements of his diagram, and the relation between these elements and his inner state of knowledge is the real feature which interests Aristotle. His goal is to use analogy in order to give the reader an idea of the states of mind involved in a more general process of knowing.

“The Way All Foster Care Should Be”: The Experience of Therapeutic Foster Carers in the Victorian Circle Program

2014 ◽  
Vol 39 (4) ◽  
pp. 211-215 ◽  
Author(s):  
Margarita Frederico ◽  
Maureen Long ◽  
Patricia McNamara ◽  
Lynne McPherson
Keyword(s):  
Foster Care ◽  
Therapeutic Foster Care ◽  
Developmental Trauma ◽  
Child Relationship ◽  
The Impact ◽  
The Relationship ◽  
Therapeutic Perspective ◽  
The Way

Central to the success of therapeutic foster care (TFC) is the quality and stability of the relationship between the child and carer. This key relationship may, from a therapeutic perspective, facilitate healing by addressing the impact of complex developmental trauma experienced by the child who has been placed in care. Stability of the carer–child relationship is critical in this context. Therapeutic carers have been shown to be significantly more likely to remain in the role of carer than their counterparts in mainstream foster care. The research reported on in this paper draws upon findings from an evaluation of a TFC programme and gives voice to the Circle Carers, presenting the components of TFC which are important to them. The paper commences with the story of Ruby in TFC as told by a carer. The focus then becomes a detailed exploration of the experience of carers and their capacity to care. Implications for practice are identified.

Moscow's China-watchers in the Post-Mao Era: The Response to a Changing China

1983 ◽  
Vol 94 ◽  
pp. 215-241 ◽  
Author(s):  
Gilbert Rozman
Keyword(s):  
Internal Process ◽  
Soviet People ◽  
The Relationship ◽  
The Way ◽  
Mao Era

The year 1982 was marked by repeated signs of Soviet interest in improving relations with China. Negotiations to chart a new course in the relationship between these two countries finally began in October. While the fate of these negotiations remained uncertain at the time this article was being written, the onus was largely on the Soviet leaders to show that they were capable of the sort of flexibility that the Nixon Republicans had demonstrated barely a decade earlier in wooing the Chinese. The Sino-Soviet talks provided a test of Soviet tolerance for diversity in international communism and of willingness to take tangible steps towards demilitarization. They also raised questions about the internal process of evaluating conditions in other countries, reporting on them to the Soviet people, and advising leaders on their significance. After 20 years of negative assessments of communist policies in China, what basis could be found for an optimistic outlook in 1982? In the six years after Mao's death what was the role of Moscow's China-watchers in preparing the way for overtures to China's leaders? This article examines the background behind the Soviet initiative of 1982 and the different outlooks found among China specialists.

scholarly journals Socio-legal studies and the humanities – law, interdisciplinarity and integrity

2009 ◽  
Vol 5 (3) ◽  
pp. 243-261 ◽  
Author(s):  
Melanie L. Williams
Keyword(s):  
Human Experience ◽  
Normative Values ◽  
Moral Sensibility ◽  
Hard Data ◽  
Legal Studies ◽  
Psychological Significance ◽  
The One ◽  
Relationship Of ◽  
The Relationship

This paper was delivered as a plenary lecture, designed to respond to the one-day special conference focus upon links between socio-legal studies and the humanities.1 The paper focuses in particular upon the relationship between law and the humanities. It may be argued that the role of empirically sourced socio-legal research is well accepted, given its tangible utility in terms of producing hard data which can inform and transform policy perspectives. However, scholarly speculation about the relationship between law and the humanities ranges from the indulgent to the hostile. In particular, legal scholars aligning themselves as ‘black letter’ commentators express strong opinions about such links, suggesting that scholarship purporting to establish links between the two fields is essentially spurious, bearing in mind the purposive role of law as a problem-solving mechanism. The paper sets out to challenge such assertions, indicating the natural connections between the two fields and the philosophical necessity of continued interaction, given the fact that certain aspects of human experience and nature cannot be plumbed by doctrine or empiricism or even by combinations of the two. Law must be understood to stand at the nexus of human experience, in a relationship of integrity, where the word is understood to mean both morally principled and culturally integrated. In particular, the development of human qualities, of character and moral sensibility informing normative values – and, ultimately, engagement with the world of law – is a process of subtle cultural as well as psychological significance, and may benefit from interrogation deriving from the wider fields of human discourse.

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