Legal philosophy of Rudolf Stammler

2017 ◽  
Author(s):  
Николай Шавеко ◽  
Nikolai Shaveko
Keyword(s):  
Social Sciences ◽  
Natural Law ◽  
Subsequent Development ◽  
Russian Philosophy ◽  
Philosophy Of Law ◽  
Legal Doctrine ◽  
The Social ◽  
Definition Of ◽  
Law And Science ◽  
Outstanding Representative

The monograph is devoted to the identification of the main provisions and features of the philosophy of law R. Stammler, definition of communication proposed by R. Stammler legal doctrine with the preceding and contemporary legal doctrines and its significance for the subsequent development of the theory and philosophy of law. R. Stammler – founder and outstanding representative neokantianism philosophy of law and science flow "revived" natural law, speaking with their own conception of the methodology of the social Sciences and played a key role in the development of natural law doctrine, introducing into science the concept of "proper law" (natural law with changing content) and suggesting the formula of the legal ideal "society of freely wanting people". In addition, Mr. stammler one of the first made deeply researched academic critique of Marxism and anarchism. His teaching on the law, jurisprudence and legal ideal of R. stammler had a significant impact on the development of Russian philosophy of law.

scholarly journals You Said “Capital”? Extending the Notion of Capital, Interrogating Inequalities and Dominant Powers

2015 ◽  
Vol 70 (01) ◽  
pp. 65-76
Author(s):  
Laurent Thévenot
Keyword(s):  
Social Sciences ◽  
Intellectual Capital ◽  
Subsequent Development ◽  
State Policies ◽  
First Century ◽  
The Political ◽  
Basic Set ◽  
The Social ◽  
Different Types ◽  
Definition Of

Abstract Capital in the Twenty-First Century is based on the author’s choices concerning the definition of capital, the inequalities of its distribution, and the social state policies he recommends to address them. In line with Thomas Piketty’s proposal to encourage a dialogue between economics and the other social sciences, this article sheds light on the implications of those choices. It traces the political genealogy of “human” and “intellectual” capital, and the subsequent development of other capital-variables used to measure different types of inequality and to evaluate the policies designed to cope with them. Differentiating the modes—which are not exclusively market-orientated—of investing in and valorizing these various types of capital, it clarifies the kind of power associated with each, its claim to legitimacy despite the inequalities it causes, and the domination it exercises. This calls into question the delimitation that Piketty has chosen for a basic set of capital-goods that are used in very different ways, along with his understanding and evaluation of them according to market valuation alone.

ADMINISTRATIVE AND LEGAL STATUS OF THE CAPITAL OF UKRAINE - THE HERO CITY OF KYIV AS A GUARANTEE OF THE RIGHTS OF CITIZENS OF UKRAINE AND THE TERRITORIAL COMMUNITY OF THE CITY

2017 ◽  
Author(s):  
Oleksii Chepov ◽  
Keyword(s):  
Legal Status ◽  
Modern World ◽  
Legal Regime ◽  
Legal Doctrine ◽  
City Councils ◽  
The Social ◽  
District Management ◽  
Definition Of ◽  
The Relationship ◽  
The City

The qualitative and clear definition of the legal regime of the capital of Ukraine, the hero city of Kyiv, is influenced by its legislative enshrinement, however, it should be noted that discussions are ongoing and one of the reasons for the unclear legal status of the capital is the ambiguity of current legislation in this area. Separation of the functions of the city of Kyiv, which are carried out to ensure the rights of citizens of Ukraine and the functions that guarantee the rights of the territorial community of the city of Kyiv. In the modern world, in legal doctrine and practice, the capital is understood as the capital of the country, which at the legislative level received this status and, accordingly, is the administrative and political center of the state, which houses the main state bodies and diplomatic missions of other states. It is the identification of the boundaries of the relationship between the competencies of state administrations and local self-government, in practice, often raises questions about their delimitation and ways of regulatory solution. Peculiarities of local self-government in Kyiv city districts are defined in the provisions of the Law on the Capital, which reveal the norms of the Constitution in these legal relations, according to which the issue of organizing district management in cities belongs to city councils. Likewise, it is unregulated by law to lose the particularity of the legal status of the territory of the city. It should be emphasized that the subject of administrative-legal relations is not a certain administrative-territorial entity, but the social group is designated - the territorial community of the city of Kiev, kiyani. Thus, the provisions on the city of Kyiv partially ignore the potential of the territorial community.

scholarly journals Has the Credibility of the Social Sciences Been Credibly Destroyed? Reanalyzing the “Many Analysts, One Data Set” Project

2021 ◽  
Vol 7 ◽  
pp. 237802312110244
Author(s):  
Katrin Auspurg ◽  
Josef Brüderl
Keyword(s):  
Social Sciences ◽  
Causal Reasoning ◽  
Research Question ◽  
Social Science Research ◽  
Science Research ◽  
Skin Tone ◽  
Data Set ◽  
The Social ◽  
The Many ◽  
Definition Of

In 2018, Silberzahn, Uhlmann, Nosek, and colleagues published an article in which 29 teams analyzed the same research question with the same data: Are soccer referees more likely to give red cards to players with dark skin tone than light skin tone? The results obtained by the teams differed extensively. Many concluded from this widely noted exercise that the social sciences are not rigorous enough to provide definitive answers. In this article, we investigate why results diverged so much. We argue that the main reason was an unclear research question: Teams differed in their interpretation of the research question and therefore used diverse research designs and model specifications. We show by reanalyzing the data that with a clear research question, a precise definition of the parameter of interest, and theory-guided causal reasoning, results vary only within a narrow range. The broad conclusion of our reanalysis is that social science research needs to be more precise in its “estimands” to become credible.

scholarly journals Subaltern Debris: Archaeology and Marginalized Communities

2021 ◽  
pp. 1-16
Author(s):  
Beatriz Marín-Aguilera
Keyword(s):  
Social Sciences ◽  
Marginalized Communities ◽  
Social Sciences And Humanities ◽  
The Social ◽  
Patricia Hill Collins ◽  
Definition Of

Archaeologists, like many other scholars in the Social Sciences and Humanities, are particularly concerned with the study of past and present subalterns. Yet the very concept of ‘the subaltern’ is elusive and rarely theorized in archaeological literature, or it is only mentioned in passing. This article engages with the work of Gramsci and Patricia Hill Collins to map a more comprehensive definition of subalternity, and to develop a methodology to chart the different ways in which subalternity is manifested and reproduced.

Moral economy: What’s in a name

2017 ◽  
Vol 18 (1) ◽  
pp. 18-35 ◽  
Author(s):  
James G Carrier
Keyword(s):  
Social Sciences ◽  
Economic Activity ◽  
Moral Economy ◽  
Moral Value ◽  
The Past ◽  
Empty Symbol ◽  
The Social ◽  
State Of Affairs ◽  
Definition Of ◽  
Moral Economic

The idea of moral economy has been increasingly popular in the social sciences over the past decade, given a confusing variety of meanings and sometimes invoked as an empty symbol. This paper begins by describing this state of affairs and some of its undesirable corollaries, which include unthinking invocations of the moral and simplistic views of some sorts of economic activity. Then, referring especially to the work of EP Thompson and James C Scott, this paper proposes a more precise definition of moral economy that roots moral economic activity in the mutual obligations that arise when people transact with each other over the course of time. It thus distinguishes between the moral values that are the context of economic activity and those that arise from the activity itself. The solution that the paper proposes to the confused state of ‘moral economy’ can, therefore, be seen as terminological, as the sub-title suggests, but it is intended to have the substantive benefits of a better approach to economic activity and circulation and a more explicit and thoughtful attention to moral value.

Secondary analysis in the social sciences and its relation to futures studies

2015 ◽  
Vol 23 (2) ◽  
pp. 128-139 ◽  
Author(s):  
Cristiano Vezzoni
Keyword(s):  
Social Sciences ◽  
Design Methodology ◽  
Secondary Analysis ◽  
Sociology Of Religion ◽  
Future Scenarios ◽  
Futures Studies ◽  
Content Type ◽  
Research And Teaching ◽  
The Social ◽  
Definition Of

Purpose – The purpose of this paper is to show the importance of secondary analysis to social sciences and to futures studies, both for research and teaching purposes. Design/methodology/approach – An illustration of the main characteristics of secondary analysis, presenting it as a theory-driven activity where the definition of the research design plays a fundamental role. Findings – This paper extends the secondary analysis approach to the study of the future. The utility of secondary analysis for futures studies is illustrated by means of the presentation of two examples developed in the field of the sociology of religion. Originality/value – The results are useful for those who want to develop sound and robust approaches to the study of social change, taking into consideration the simulation of possible future scenarios.

Natural Law and Mechanical Engineering

1984 ◽  
Vol 3 (1) ◽  
pp. 29-33
Author(s):  
P. C. Haarhoff
Keyword(s):  
Social Sciences ◽  
Natural Law ◽  
Natural Science ◽  
Mechanical Engineering ◽  
Science And Technology ◽  
Social Progress ◽  
Human Sciences ◽  
Technological Revolution ◽  
Social Standards ◽  
The Social

The first technological revolution, in the fourth millennium BC, was followed by immense social progress. The second revolution, which is now taking place, could lead to an even greater development in the human sciences, by setting men free from their daily struggle for existence while simultaneously exacting high social standards. Natural law - the “marriage between the ways of heaven and the ways of earth” of the Chinese - represents a route to such progress. In natural science and technology, natural law demands that conclusions be based on observation rather than speculation. The social sciences would do well to follow this example.

Defining and Researching Islamophobia

2012 ◽  
Vol 46 (2) ◽  
pp. 180-189 ◽  
Keyword(s):  
Social Sciences ◽  
Social Group ◽  
Liberal Democracies ◽  
Anti Semitism ◽  
Political Concept ◽  
The Social ◽  
Comparative Concept ◽  
Definition Of

Islamophobia was originally developed as a concept in the late 1990s by political activists to draw attention to rhetoric and actions directed at Islam and Muslims in Western liberal democracies. In recent years, Islamophobia has evolved from a primarily political concept toward one increasingly deployed for analytical purposes. Researchers have begun using the term to identify the history, presence, dimensions, intensity, causes, and consequences of anti-Islamic and anti-Muslim sentiments. In short, Islamophobia is an emerging comparative concept in the social sciences. Yet, there is no widely-accepted definition of the term. As a result, it is extremely difficult to compare levels of Islamophobia across time, location, or social group, or to levels of analogous categories like racism, anti-Semitism, or xenophobia.

Natural Law, Natural Rights, and Classical Liberalism: On Montesquieu's Critique of Hobbes

2001 ◽  
Vol 18 (1) ◽  
pp. 227-251 ◽  
Author(s):  
Michael Zuckert
Keyword(s):  
Social Sciences ◽  
Natural Law ◽  
Classical Liberalism ◽  
Ernst Bloch ◽  
Social Theorist ◽  
The Social ◽  
Hugo Grotius ◽  
International Encyclopedia ◽  
Comprehensive Survey ◽  
Minor Character

Montesquieu is not often thought of as a significant natural law thinker. The article on natural law in theInternational Encyclopedia of the Social Sciencesdiscusses many theorists of the natural law, but Montesquieu is not among them. A valuable older survey of natural law theorizing by legal philosopher A. P. d'Entrèves cites the Frenchman but once, as a very minor character in a story with far more significant actors—Thomas Aquinas, Hugo Grotius, even Georg Hegel. A yet more comprehensive survey of the topic,Natural Law and Human Dignity, by French philosopher and social theorist Ernst Bloch, does not mention Montesquieu at all.

The Logic of the Anatomy of Revolution, with reference to the Netherlands Revolt

1960 ◽  
Vol 2 (4) ◽  
pp. 473-484 ◽  
Author(s):  
George Nadel
Keyword(s):  
Social Sciences ◽  
The Netherlands ◽  
Historical Events ◽  
Language Philosophy ◽  
The Social ◽  
Definition Of

In what follows, I begin by asking a paradigmatic question to clarify some problems of definition (I). Next, Crane Brinton's Anatomy of Revolution is examined as a scientific definition of revolution (II). Its application to the Netherlands revolt concludes the essay (III). Many logical problems are oversimplified and some are ignored altogether. This is done to keep the lid down on several Pandora's boxes, notably those labelled methodology in the social sciences, language philosophy, and historical laws, about which a great deal, some of it relevant here, has been written already. At the same time, I am concerned with the complexity of the problems raised and with suggesting that the ways in which definitions of historical events can be used deserve as much attention as the definitions themselves.

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