scholarly journals On Some Objections to The Deductive Closure of Legal Systems

2017 ◽  
Vol 49 (146) ◽  
pp. 125-132
Author(s):  
Hugo R. Zuleta
Keyword(s):  
Logical Consequence ◽  
Legal Systems ◽  
Decisive Reason ◽  
Deductive Closure ◽  
Fallacy Of Equivocation ◽  
Methodological Considerations ◽  
Selection Of

I criticize an argument presented by Pablo Navarro and Jorge Rodríguez (2014) against the conception of legal systems as sets of statements closed under logical consequence. First, I show that the example on which they ground their argument incurs in a fallacy of equivocation. Then, I recognize that the authors are right about the fact that two different normative bases can react differently to changes, but I claim that that is not a decisive reason for choosing always the expressly enacted norms as the system’s basis, that the selection of the best basis should be guided by methodological considerations and that, to that purpose, it is necessary to consider the whole set of logical consequences as part of the system.

What Would a Phenomenology of Logic Look Like?

Mind ◽  
2019 ◽  
Vol 129 (516) ◽  
pp. 1009-1031
Author(s):  
James Kinkaid
Keyword(s):  
Logical Consequence ◽  
Philosophy Of Logic ◽  
Contemporary Philosophy ◽  
Consequence Relations ◽  
Consequence Relation ◽  
If Logic ◽  
Pure Logic ◽  
Logical Investigations ◽  
Normative Status ◽  
Selection Of

Abstract The phenomenological movement begins in the Prolegomena to Husserl’s Logical Investigations as a philosophy of logic. Despite this, remarkably little attention has been paid to Husserl’s arguments in the Prolegomena in the contemporary philosophy of logic. In particular, the literature spawned by Gilbert Harman’s work on the normative status of logic is almost silent on Husserl’s contribution to this topic. I begin by raising a worry for Husserl’s conception of ‘pure logic’ similar to Harman’s challenge to explain the connection between logic and reasoning. If logic is the study of the forms of all possible theories, it will include the study of many logical consequence relations; by what criteria, then, should we select one (or a distinguished few) consequence relation(s) as correct? I consider how Husserl might respond to this worry by looking to his late account of the ‘genealogy of logic’ in connection with Gurwitsch’s claim that ‘[i]t is to prepredicative perceptual experience … that one must return for a radical clarification and for the definitive justification of logic’. Drawing also on Sartre and Heidegger, I consider how prepredicative experience might constrain or guide our selection of a logical consequence relation and our understanding of connectives like implication and negation.

Protecting silent identities of heritage from the ruining living identities in current and futuristic creative cities: the case of Egypt

2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Mohamed Hesham Madbouly Khalil
Keyword(s):  
Research Work ◽  
Negative Relationship ◽  
Major Barrier ◽  
Content Type ◽  
Creative Cities ◽  
Body Of Knowledge ◽  
Creative Solutions ◽  
Research Questions ◽  
Methodological Considerations ◽  
Selection Of

PurposeWith the increasing number of creative cities as well as the reported incidences of deterioration to physical heritage, this paper aims to protect silent identities of heritage from the ruining living identities of modern generations in current and futuristic creative cities.Design/methodology/approachThe research aim is achieved through trait-related mixed methods, since the variances are not method-related, to answer three research questions. The first method was a survey questionnaire distributed to the creative architectural sector because it was the best sector to meet the identified criteria. It aimed to answer if the upperground layer in creative cities considers the underground layer's diversity as a main cause for heritage deterioration and for being a barrier to developing creative solutions. A hypothesis for the first question was tested through a t-test. The second method was to study cases of heritage in present and futuristic creative cities to answer if living identities threaten physical heritage of all ages at the same extent and if the same creativity concepts are applied to all heritage.FindingsThe underground layer's diversity identities were found as a major barrier to the creative architectural sector. The R-value indicated a negative relationship between heritage age and its condition. Cases witnessed different creative expressions, but cases within the same period faced similar concepts of expressed creativity. The proposed tree diagram is a framework that gives numerical guidelines for the interrelationship between every heritage age and creativity concept for novel and conscious creative practices at the upperground layer to solve the conflicts in creative cities.Research limitations/implicationsThe selection of Egypt does not possess a limitation because methodological considerations required for generalising the findings to a broader area were met. Findings in this paper are applicable to all upperground creative sectors that seek to understand the underground layer's diversity. Results are useful for protecting heritage silent identities in all existing and futuristic creative cities in countries that have heritage, of any age, facing deterioration.Originality/valueThe research work in this paper is novel in thought and resolves a perpetual conflict between silent identities and expressive living identities in current and futuristic creative cities through the proposed numerical framework for the upperground creative layer to develop novel conscious solutions. This framework represents a novel synthesis that adds to the existing body of knowledge, as it resolves a critical problem highlighted in previous research studies.

Organizing Site Visits

2018 ◽  
Author(s):  
Martha MacDonald
Keyword(s):  
Site Selection ◽  
Team Member ◽  
Site Visit ◽  
Team Members ◽  
Knowledge And Skills ◽  
Methodological Considerations ◽  
Collaborative Decision ◽  
Initial Selection ◽  
Selection Of

Organizing Site Visits: Methodological Considerations considers the practical challenges of team ethnography fieldwork. The selection of sites and organization of the site visit are central to the success of the rapid site-switching methodology. The method relies heavily on the commitment of team members to take a turn organizing site visits in their jurisdictions and on both their local knowledge and skills. Issues around site selection and site visit organization are discussed from the perspective of a team member responsible for organizing site visits in one Canadian jurisdiction. The chapter reviews the process from the initial selection of sites to follow-up with the host facilities. Decentralized, collaborative decision-making is essential when planning fieldwork in multiple jurisdictions with widely dispersed team members. Relationships are key to a successful site visit and all aspects of local arrangements must be considered through this lens.

Preliminary Analysis on Science for Global Safety with Reference to the Sendai Framework for Disaster Risk Reduction

2016 ◽  
Vol 11 (3) ◽  
pp. 421-424 ◽  
Author(s):  
Yasuhito Jibiki ◽  
Keyword(s):  
Risk Reduction ◽  
Preliminary Analysis ◽  
Disaster Risk Reduction ◽  
Present Report ◽  
Disaster Risk ◽  
Legal Systems ◽  
Land Usage ◽  
Sendai Framework ◽  
International Policies ◽  
Selection Of

The contexts in which “safe” and “safety” are used in the Sendai Framework for Disaster Risk Reduction are clarified to inform the selection of necessary elements in establishing science for global safety in relation to disaster risk reduction. The present report shows that “safe” and “safety” are used in the contexts of health, legal systems, housing, more assured provision of means of livelihood, and important infrastructure. From the perspective of the continuity of the Sendai Framework for Disaster Risk Reduction and preceding international policies, it is determined that the contexts of legal systems, health, and land usage are significant to establishing science for global safety.

Approach to the study

2017 ◽  
Author(s):  
Elizabeth Yardley
Keyword(s):  
Social Media ◽  
Charles Taylor ◽  
Social World ◽  
New Approach ◽  
Practice Analysis ◽  
Making Sense ◽  
The Social ◽  
Methodological Considerations ◽  
Tools And Techniques ◽  
Selection Of

This chapter outlines the ontological, epistemological and methodological considerations of the empirical research reported in this book and proposes a new approach towards analysing media in crime, termed Ethnographic Media Practice Analysis for Criminology (EMPAC). It also explains the rationale for the selection of the three cases to which EMPAC has been applied: the murder of Jennifer Alfonso, the Janzen familicide, and the murder of Charles Taylor. After establishing the view of the social world that this study proceeds from, the chapter discusses the approach to understanding that social world — or epistemology. The objective is to identify what tools and techniques would be most appropriate for making sense of the social media confessions of homicide perpetrators.

Das Prinzipal-Agenten-Problem im kollektiven Rechtsschutz

2020 ◽  
Author(s):  
Jasmin Haider
Keyword(s):  
Law Enforcement ◽  
Public Law ◽  
Third Party ◽  
Principal Agent ◽  
Control Mechanisms ◽  
Legal Systems ◽  
Institutional Economic ◽  
Collective Redress ◽  
German American ◽  
Selection Of

An examination of the causes and peculiarities of the principal-agent-conflict already existent in individual redress, the increase of the problem in collective redress and possible legal and institutional economic solutions which target the selection of the lawyer, control mechanisms during the process through the claimants themselves, the judge or a third party or the extension of public law enforcement. The German, American, French, English and Dutch legal systems are subjects of the examination.

scholarly journals El control material de las reformas constitucionales en perspectiva comparada = The substantive control on constitutional amendments in a comparative perspective

2013 ◽  
pp. 391
Author(s):  
Sabrina Ragone
Keyword(s):  
Judicial Review ◽  
Case Law ◽  
Comparative Perspective ◽  
Legal Systems ◽  
Control Material ◽  
Constitutional Amendments ◽  
Supreme Courts ◽  
Political Actors ◽  
Selection Of

Este estudio investiga el alcance del papel de la jurisdicción constitucional relativa a las reformas, mediante el análisis de algunos casos representativos. Se centra en las decisiones tomadas en los ordenamientos seleccionados, donde los Tribunales Constitucionales —o Supremos, en su caso— han reivindicado la función de supervisores de la efectividad de los límites, frente a posibles excesos de los actores políticos. Para demostrar que el control de las reformas es un corolario imprescindible de la supremacía constitucional, estos órganos jurisdiccionales han empleado los diferentes argumentos que se analizan en el texto. This essay deals with the implications of the judicial review related to Constitutional amendments, through the selection of some representative cases. It focuses on the case-law of the legal systems chosen where Constitutional or Supreme Courts asserted being enabled to verify the effectiveness of limits against possible misuses by political actors. Those Courts used different arguments to demonstrate that the control of amendments is an unavoidable consecuence of the Constitutional supremacy and all of them are analyzed in the text.

scholarly journals Rape-related Terminology in Japanese and its Translation into English and Polish

2019 ◽  
Vol 58 (1) ◽  
pp. 195-209
Author(s):  
Paula Trzaskawka
Keyword(s):  
Linguistic Analysis ◽  
Legal Systems ◽  
Legal Texts ◽  
The Media ◽  
Selection Of

Abstract The aim of this paper is to discuss a selection of Japanese rape-related terminology and their potential equivalents in English and Polish. In this article the author will present an analysis of chosen rape-related terminology which is present in legislation and other legal texts, as well as in the media. Firstly, the definitions of selected terms will be provided; next, potential equivalents from the British, American, and Polish legal systems will be chosen in order to carry out comparative linguistic analysis. Finally, conclusions will be drawn on whether there are near, partial, or no equivalents in the languages under scrutiny.

scholarly journals Methodological Considerations on the Design and Compilation of a Spanish Learner Corpus

10.29007/7vb1 ◽  
2018 ◽  
Author(s):  
An Vande Casteele ◽  
Kim Collewaert
Keyword(s):  
Experimental Design ◽  
Data Collection ◽  
Language Learners ◽  
Spanish Language ◽  
Proficiency Levels ◽  
Learner Corpus ◽  
Valid Data ◽  
Spanish Language Learners ◽  
Methodological Considerations ◽  
Selection Of

As a corpus is a representation of the linguistic reality, it is important to have homogeneous, quantifiable and valid data. This article aims at discussing the issue of elaborating a corpus of oral data from language learners of Spanish. We hereby do not merely focus on the data collection, but also on the difficulties that arise regarding the experimental design, the selection of the participants, the elaboration of a transcription model and the analysis of the data. The discussion will be based upon our own research project, for which oral samples from Spanish language learners of different proficiency levels have been collected in order to be analysed cross-sectionally. Furthermore, this article focuses on the oral experiment specifically designed for this project, similar to those of previous studies on similar subjects. Next to this, we will also discuss the procedure used for the transcription of the data and finally, a codification system will be elaborated.

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