scholarly journals Herbert Hart’s Theory of Definition in the Context of Analytical Legal Philosophy

2019 ◽  
Vol 6 (2) ◽  
pp. 165-172
Author(s):  
Vitaly Vasil'evich Ogleznev
Keyword(s):  
Traditional Method ◽  
New Method ◽  
Legal Philosophy ◽  
Jeremy Bentham ◽  
Contextual Definition ◽  
Truth Conditional ◽  
Theory Of Definition ◽  
Legal Concepts ◽  
Range Of Values ◽  
Modern Analytical

The article presents Herbert Hart’s theory of definition in the context of modern analytical legal philosophy. Dissatisfaction with the applicability of the traditional method of definition by the genus and differentia to the elucidation of legal concepts led Hart to the development a new method of definition. It is shown that Hart not only modifies the paraphrase of Jeremy Bentham, but also tries to adapt to the analysis of legal concepts the definition in use borrowed from analytical philosophers and logicians. It has been established that the key point of Hart’s method is that instead of defining a separate term, it is necessary to consider a statement, where the utterance plays a characteristic role, and is explained by specifying the conditions under which the entire statement is true. Some difficulties that arise when one uses this definition in the framework of the truth-conditional semantics are considered. In particular, it is shown that Hart uses open sentences of the form “X has a right” in its definition, which differ from closed sentences, primarily because they contain free variables with indefinite range of values. This uncertainty does not allow us to attribute to them the truth-value. The concepts of truth and falsity apply only to statements that are expressed by closed sentences. Thus, Hart’s claim of a special semantic nature of legal concepts and a special epistemological task of definitions in jurisprudence is reflected in his theory of the truth-conditional definition - a kind of contextual definition.

scholarly journals Legal Concepts as Mental Representations

2021 ◽  
Author(s):  
Marek Jakubiec
Keyword(s):  
Cognitive Science ◽  
Mental Representations ◽  
Legal Philosophy ◽  
Current Debate ◽  
Cognitive Tools ◽  
Cognitive Sciences ◽  
Cognitive Aspect ◽  
Fundamental Level ◽  
Legal Concepts ◽  
Mental Constructs

AbstractAlthough much ink has been spilled on different aspects of legal concepts, the approach based on the developments of cognitive science is a still neglected area of study. The “mental” and cognitive aspect of these concepts, i.e., their features as mental constructs and cognitive tools, especially in the light of the developments of the cognitive sciences, is discussed quite rarely. The argument made by this paper is that legal concepts are best understood as mental representations. The piece explains what mental representations are and why this view matters. The explanation of legal concepts, understood as mental representations is one of (at least) three levels of explanation within legal philosophy, but—as will be argued—it is the most fundamental level. This paper analyzes the consequences of such understanding of concepts used in the field of legal philosophy. Special emphasis is put on the current debate on the analogical or amodal nature of concepts.

Improved Method Based on Fluid Mechanics Analysis for Buoy Gauge Design and Experimental Research

2012 ◽  
Vol 163 ◽  
pp. 133-137
Author(s):  
Ao Yu Chen ◽  
Xu Dong Pan ◽  
Guang Lin Wang
Keyword(s):  
Fluid Mechanics ◽  
Experimental Research ◽  
Traditional Method ◽  
New Method ◽  
Improved Method ◽  
Advanced Method ◽  
Inner Surface ◽  
Mechanics Analysis ◽  
Linear Property

Traditional method of buoy gauge design is rather complicated, so an advanced method by building and solving fluid mechanics equations is proposed in this paper. The curve of the taper pipe inner surface is calculated, according to different buoy gravity and diameter. In order to examine the effect of this improved method, an experiment is carried out. Results show that linear property of the buoy gauge improved by new method is excellent.

New Method for Measuring Liquid Level in WFGD System

2011 ◽  
Vol 418-420 ◽  
pp. 1804-1807
Author(s):  
Li Li ◽  
Zheng Hui Tan ◽  
Jia Wen Liu
Keyword(s):  
Flue Gas ◽  
Traditional Method ◽  
Large Deviation ◽  
Flue Gas Desulfurization ◽  
New Method ◽  
Liquid Level ◽  
Test Results ◽  
Economic Operation ◽  
Local Test ◽  
Operation Cost

Traditional method for measuring liquid level of absorption tower in wet flue gas desulfurization (WFGD) system is introduced in this paper, and it's found that measuring accuracy of the method exists in large deviation. A new method is proposed to measure liquid level of absorption tower for this situation. The local test results show that not only measurement result of new method is more close to the actual liquid level than traditional method, but also using new method can save operation cost and ensure the safety, stability, and economic operation of WFGD system.

scholarly journals Flipping The Classroom: How Reversing Teaching-Learning Process Can Improve Learner’s Comprehension in Learning Foreign Language

Humaniora ◽  
2014 ◽  
Vol 5 (2) ◽  
pp. 1114
Author(s):  
Wishnoebroto Wishnoebroto
Keyword(s):  
Foreign Language ◽  
Learning Process ◽  
Traditional Method ◽  
New Method ◽  
Flipped Learning ◽  
Western Countries ◽  
The Us ◽  
Classroom Lesson ◽  
Teaching Learning

Flipping a classroom is not only recording classroom lesson into a video and bringing homework into the classroom. It is a whole new method with a lot better result compared to the traditional method. In western countries such as the US, flipping a classroom is already becoming a new method adopted by many different schools and universities. This paper tries to explore the possibility of flipping a classroom for learning foreign language at BINUS University by comparing it with the recent practices and findings in the western countries. After the analysis it can be concluded that this method can be applied at BINUS University but on several conditions such as the improvement of infrastructures, and the teacher’s awareness and understanding to optimize their understanding about flipped learning. 

Legal concepts

2018 ◽  
Author(s):  
Ake Frandberg
Keyword(s):  
Legal System ◽  
Psychological Factors ◽  
Intellectual Structure ◽  
Legal Philosophy ◽  
Legal Thinking ◽  
Criminal Intent ◽  
The One ◽  
Legal Concepts ◽  
Contextual Setting ◽  
General Scope

Concept-formation is an important component of law-formation. Well-developed legal orders are profoundly conceptual in nature. Throughout Western legal history, legislators have aimed at basing their law-making on concepts of a general scope (such as ‘property’, ‘possession’, ‘usufruct’, ‘criminal intent’ and many others) – and even more so legal scholars in their reconstruction and development of law. Legal thinking makes use of concepts with many different functions and varying logical status. A distinction can be made between concepts that are an integral part of law themselves (here called L-concepts) and concepts that belong to the professional vocabulary of lawyers and jurists in their handling of the law (J-concepts). Among the L-concepts there are on the one hand concepts whose meaning is totally determined by the rules of one single legal system and on the other hand concepts that pertain to two or more legal systems. The latter concepts have a comparative function. J-concepts provide lawyers with a language enabling them to give an intellectual structure to the legal material, to characterize and discuss the professional-juridical handling of law and the methods used for performing that task, to specify the functions of law and to formulate the underlying values of (the handling of) the legal system. There was a tendency in earlier legal philosophy to hypostasize legal concepts, for example, the concept of ‘right’ in classical natural-law doctrine: that is, to postulate real entities to which our concepts/terms refer. The legal philosophy of the twentieth century has to a large extent been a reaction against this tendency. This reaction has taken three different directions: (1) to reduce the abstract legal concepts to factual phenomena such as certain human behaviour or socio-psychological factors (mainly within US and Scandinavian realism); (2) to assign to legal concepts a normative ontological status, placing them in a world of norms, distinct from the world of facts; and (3) to analyse legal concepts in a contextual setting, that is, to find out how they function in actual legal discourse.

Design of Digital Single-Phase Full-Bridge Invert Controller Based on TMS320F28027

2013 ◽  
Vol 448-453 ◽  
pp. 2137-2142
Author(s):  
Xiao Jian Ye ◽  
Zhen Gang Duan ◽  
Zhuo Shen ◽  
Xiao Qin Lian ◽  
Xiao Li Zhang
Keyword(s):  
Direct Current ◽  
Traditional Method ◽  
Single Phase ◽  
Sine Wave ◽  
New Method ◽  
Digital Controller ◽  
Duty Ratio ◽  
Current Signal ◽  
Wave Signal ◽  
Stable Performance

This paper elaborates a method to realize the single phase full bridge inverter digital controller based on DSP TMS320F28027 and gives the design scheme of both its hardware and its software. In accordance with SPWM duty ratio parameter calculated with DSP algorithm, utilizing the EPWM module on DSP, it finally attains the inverting control from direct current signal to sine wave signal. Compared with traditional method, this new method improves the output waveform effectively and shows stable performance.

A Novel Method with Good Repeatability and Stability for Calibrating Milliampere-Second Meter

2014 ◽  
Vol 644-650 ◽  
pp. 1429-1432
Author(s):  
Tian Yu Sun ◽  
Yan Bo Liu ◽  
Tian Su Wei ◽  
Fu Cheng Yin
Keyword(s):  
Exposure Time ◽  
Preventive Maintenance ◽  
Traditional Method ◽  
Signal Generator ◽  
New Method ◽  
X Ray ◽  
Tube Current ◽  
Standard Value ◽  
Good Repeatability ◽  
Novel Method

There is not any calibration specification or verification regulation for the milliampere-second meter, a very important instrument for preventive maintenance and calibrating the X-ray machine [1][2], is used to measure the value of the product of tube current and exposure time. To solve the problem that the traditional method can not offer the same standard value in different times, this paper presents a method for calibrating the milliampere-second meter by using a signal generator and a digital meter. It shows that the new method has good repeatability and stability.

scholarly journals Concept Map Technique as a New Method for Whole Text Translation

2017 ◽  
Vol 10 (4) ◽  
pp. 62
Author(s):  
Tamara Mohd Altabieri Krishan
Keyword(s):  
Traditional Method ◽  
English Language ◽  
Concept Map ◽  
Arabic Language ◽  
T Test ◽  
New Method ◽  
Test Results ◽  
Test Of Homogeneity ◽  
The Difference

This study discusses the use of concept map tool as a new method for teaching translation (from English language to Arabic language). This study comprised 80 students divided into two groups. The first group was taught the new vocabulary by using the concept tool method, whereas the second group was taught the new vocabulary by the traditional method. Pre-test and test of homogeneity was administered in order to ensure the equivalence of the students. During the training, the two groups were subjected to evaluation tests (first, second and final) in which the students were asked to summarize text into a paragraph by translation. The differences between the two methods were compared by using t-test. Results of pre-test indicated that the difference between the two groups was not significant and the scores were linearly distributed. Results of students’ scores between the two groups for the first exam was not significant, however, the difference between the two groups for second, final and total scores was significant. It was seen that the introduced method of text translation improves the student skills compared with the traditional method.

Analysis of Degree of Freedom of 4-SPxyzS/S Parallel Mechanism of the Imitation of Human Wrist

2014 ◽  
Vol 1006-1007 ◽  
pp. 654-657
Author(s):  
Ke Jiang Zang ◽  
Wan Shun Zang ◽  
Cai Hua Li ◽  
Xiao Ping Hu ◽  
Hai Xiang Wang
Keyword(s):  
Group Work ◽  
Traditional Method ◽  
Parallel Mechanism ◽  
Degrees Of Freedom ◽  
Wrist Joint ◽  
Muscle Group ◽  
New Method ◽  
The Common ◽  
Theory Of Constraint ◽  
With Screws

The human wrist has three rotational DOFs. Elbow muscle group work together to drive the wrist joint. According to the above characteristics of human wrist, parallel mechanism with three rotational DOFs of the imitation of human wrist is built. Traditional method for calculating DOF based on arithmetic is not that accurate. The method for analysis of DOF based on theory of constraint screw is explained. According to theory of constraint screw, the parallel mechanism built was analyzed. All the kinematic pairs in the mechanism will be expressed with screws so that the common constraints and the over constraints will be obtained. Through analysis above, the DOFs of the mechanism can be calculated and which a few degrees of freedom of the mechanism will be known. The new method avoids the disadvantages of the traditional method.

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