scholarly journals Método científico no Direito segundo Pontes de Miranda

2019 ◽  
Vol 1 (40) ◽  
Author(s):  
Saulo Monteiro Martinho de Matos ◽  
Douglas Domingues Gabriel Neto
Keyword(s):  
20Th Century ◽  
Scientific Method ◽  
Methodological Approach ◽  
Legal Studies ◽  
Legal Science ◽  
Legal Methodology ◽  
The Way

RESUMOEste estudo é uma contribuição à recepção do pensamento naturalista brasileiro do início do século XX. Como a primeira grande discussão da Ciência Jurídica Brasileira foi metodológica e Pontes de Miranda desempenhou nela um papel de vulto, há que se indagar no que propôs, por que essa proposta não vingou e o que seria necessário para que fosse implementada. O objetivo deste artigo é expor sua proposta metodológica para a Ciência Jurídica. O método empregado foi documental, dedutivo e histórico, porque pretende reconstituir os argumentos de um autor do início do século XX. O artigo levanta quatro hipóteses: o regalismo foi o problema-motivo da proposta metodológica de Pontes (seção 1); Pontes rejeitou os métodos contemporâneos a seu pensamento, porque os considerou subjetivos (seção 2); para eliminar sua subjetividade, propôs a identidade funcional (seção 3) e metodológica (seção 4) dos atores jurídicos, adaptando o método científico ao Direito. Os resultados obtidos foram que (1) o método proposto só poderia ser implementado após uma reviravolta indiscriminada na maneira com que o Direito é pensado; (2) a crítica de Lopes (inconsistência de princípios e prática naturalista) não cabe para o pensamento de Pontes de Miranda, porque ele pressupunha um auxílio mútuo dos juristas, e não uma concentração de forças para a revelação solitária do direito. A falta de empiria em seus escritos se justifica pelo auxílio dos juristas, que, juntos, se ajudam na melhor da compreensão do Direito a partir do método científico, como foi feito na Física.PALAVRAS-CHAVEPontes de Miranda. Metodologia jurídica. Ciência do Direito. Regalismo. ABSTRACTThis study is a contribution to the reception of Brazilian naturalist thought from the beginning of the 20th Century. Since Brazilian Legal Science’s first debate was methodological and Pontes de Miranda played an important role on it, it is necessary to question his proposition, why it did not succeed, and what would be necessary for it to become widely practiced. This article’s goal is to present his methodological approach to the Science of Law. The method used in this work was documental, deductive, and historical. It starts with four hypotheses: regalism was the problem-motive behind Pontes’ methodological approach (section 1); Pontes rejected the methods of his age, for he considered them subjective (section 2); to avoid such subjectivity, Pontes in turn proposed a functional (section 3) and methodological (section 4) identity between legal actors, adapting the scientific method to legal studies. The research showed the following results: the described method would only be applied after a major overturn in the way Law is thought; Lopes’ critique suggesting that Pontes’ work is inconsistent with his premises is unfounded, since it presupposed collaboration between scholars instead of a concentration of efforts in order to achieve a solitary comprehension of Law. The lack of empiricism in his works is justified by the help of other scholars, which, united, collaborate with one another to a better understanding of Law through the scientific method, as it was done in PhysicsKEYWORDSPontes de Miranda. Legal methodology. Legal science. Regalism.

scholarly journals The Formation of Russian Legal Studies as a Science

2021 ◽  
Vol 4 ◽  
pp. 65-69
Author(s):  
Tsybik Ts. Mikheeva ◽  
Keyword(s):  
20Th Century ◽  
18Th Century ◽  
Cognitive Activity ◽  
Social Institution ◽  
Legal Studies ◽  
Scientific Schools ◽  
Legal Science

In the context of understanding legal science as a system of knowledge about law, a social institution, cognitive activity in the field of law, the author considered the issue of the formation the jurisprudence in Russia. The chronological framework of this article covers the period from the beginning of the 18th century, from the formation of Russian jurisprudence, to the beginning of the 20th century, when independent legal scientific schools have been formed in Russia.

Language and Outer Space

2018 ◽  
Vol 7 (1) ◽  
pp. 80-87
Author(s):  
Laura Carmen Cuțitaru
Keyword(s):  
20Th Century ◽  
Native Language ◽  
Outer Space ◽  
Linguistic Theory ◽  
Human Knowledge ◽  
The Way

Abstract The 2016 much acclaimed American sci-fi movie Arrival is based on (what is in reality an extension of) the so-called “Sapir-Whorf” hypothesis, a linguistic theory set forth in the first half of the 20th century, according to which one’s native language dictates the way in which one perceives reality. By taking into account the latest in human knowledge, this paper tries to provide arguments as to why such a claim works wonderfully in fiction, but not in science.

AN EXPLORATION OF GENDER DIFFERENCES IN TEENAGERS’ USE, CONSUMPTION AND DIGITAL PRODUCTION

2020 ◽  
Author(s):  
Corina-Maricica Seserman ◽  
Daniela Cojocaru
Keyword(s):  
Gender Differences ◽  
Social Media ◽  
Data Collection ◽  
Gender Identity ◽  
Online Survey ◽  
Peer Group ◽  
Methodological Approach ◽  
Digital Content ◽  
Media Consumption ◽  
The Way

Today’s teenagers have a very close relationship with ICTs and the digital space related to them, as they have impacted the way the youth constructs their sense of self and the tools they use to perform their carefully constructed identity. One key element which influences the way one constructs their views by themselves is within the boundaries set by their biological sex and therefore through the behaviors associated with their asigned gender. Through the symbolic interactionist lense, or more specifically through Goffman's dramaturgical theory on the manner in which one presents him/herself in society, this paper looks at the manner in which teenagers use social media platforms and at the way they consume and create digital content in order to present their gender identity. The way teenagers consume and produce digital content differs and depends on how they interpret their ideals of femininity and masculinity, which are afterwards reproduced in the content they post on their social media pages. Therefore this research is an attempt to understand what are the factors teenagers take in account when consuming and producing content. What gender differences can be observed in regards to new media consumption? What difference can be observed in online activity behaviors between males and females? How do they feel about their gender identity concerning fitting in with their peer group? A mix-methodological approach was engaged in the data collection process. In the first stage of the research highschool students (n=324) from the city of Suceava (Romania) participated in taking an online survey. The initial intent was to meet with the young respondents in person, but due to the COVID-19 pandemic this was deemed impossible. For the second stage of data collection, six of the participants who took the online survey were invited to participate in a focus group designed to grasp a better understanding of the results from the previous stage. The discovered findings uncover engaging gender similarities and differences in social media consumption and the type, subject, matter and style in which they posted their content, but also in regards to the performance of the self between the online and offline space.

INFLUENCE OF LINGUISTIC PHILOSOPHY ON ANALYTICAL JURISPRUDENCE THROUGH THE PERSPECTIVE OF H. L. A. HART

2020 ◽  
Vol 9 (18) ◽  
pp. 315-330
Author(s):  
Luana Sion Li
Keyword(s):  
20Th Century ◽  
Legal Theory ◽  
Ordinary Language ◽  
Theoretical Development ◽  
Ordinary Language Philosophy ◽  
Language Philosophy ◽  
Legal Philosopher ◽  
Linguistic Philosophy ◽  
The Way

This article discusses the influence of emerging linguistic philosophy theories in the 20th century on the development of analytical jurisprudence through an examination of the way those theories influenced the legal philosopher H. L. A. Hart. Although Hart is significantly influenced by linguistic philosophy, his legal theory could not have been developed solely with it. This is evidenced by Hart’s disownment of the essay Ascription of Responsibility and Rights, his attempt to employ ideas from ordinary language philosophy in the context of law. Hart’s theoretical development shows that he was above all not a linguistic, but a legal philosopher; and that analytical jurisprudence, albeit influenced by linguistic philosophy, depends on aspects beyond it.

Csiky Lajos hosszabb terjedelmű műveinek korabeli fogadtatása

2021 ◽  
Vol 66 (1) ◽  
pp. 231-250
Author(s):  
István-Attila Tárkányi
Keyword(s):  
20Th Century ◽  
19Th Century ◽  
Practical Theology ◽  
Short Paper ◽  
Early 20Th Century ◽  
Academic Activity ◽  
Orthodox Theology ◽  
The Way

"The Contemporary Reception of Lajos Csiky’s Voluminous Works. Lajos Csiky (1852–1925) was a late 19th and early 20th-century professor of practical theology at the Theological Academy of Debrecen. His works have not yet been researched accordingly. In the first part of this short paper, we would like to present the socio-theological context in which the renowned theologian spent his creative years, focusing especially on the debate of the day between liberal and orthodox theology. In the second part, we would like to reflect on the way his major theological works were received by his contemporaries during a span of more than four decades of academic activity. Keywords: Lajos Csiky, 19th-century theological debates in Hungary, practical theology, Ferenc Balogh, Imre Révész, Mór Ballagi "

scholarly journals Communion songs not regulated by the typicon in the recent tradition of Serbian church singing

Muzikologija ◽  
2004 ◽  
pp. 121-152
Author(s):  
Vesna Peno
Keyword(s):  
20Th Century ◽  
Fundamental Question ◽  
Orthodox Church ◽  
Liturgical Texts ◽  
Historical Themes ◽  
19Th And 20Th Century ◽  
The Church ◽  
The Way

In notated collections of Serbian church hymns from the 19th and 20th century there are, among others, communion songs with texts that were not regulated by the Typicon. These so-called "arbitrary communion songs" have been very popular in the recent tradition of Serbian church chanting. They have been gradually pushing out the hymns that are regulated for singing on concrete days and feasts during the church year. Analysis of possible influences that determined the way texts and the melodies delved into the recent Serbian church chanting follows two possible directions. The first commenced from late-Byzantine singing tradition; more specifically, from a group of songs that although based on liturgical texts, were performed in extra-liturgical occasions. These are calophonic irmoi which were composed by a great number of known late-Byzantine masters of singing. The second direction had its beginning in Russian spiritual music that generated a new melodic genre kant, based on western models. The majority of those compositions have freely written spiritual texts, too, and not part of the liturgy. Kanti were, namely, singing numbers in liturgical dramas - theatrical pieces with Christian historical themes. The majority of arbitrary communion hymns from Serbian collections have texts from the psalms or use texts for irmoi of specific canons. There is only one text that does not belong to the output of church hymnography. In spite of that, the melodies of the analyzed hymns reflect the presence of traditional compositional procedures characteristic of late-Byzantine and Serbian traditions. On either side, they possess atypical musical phrases that relate them to the the kanti. The usage of paraliturgical songs instead of communion hymns is commentated upon from the liturgic aspect also. That song belongs to the central part of the Liturgy and most fundamental during the service of the Orthodox church. Therefore the deviation in Serbian practice from the rules that define its place and role demonstrate the distancing from the tradition, raises a fundamental question: is liturgical meaning being compromised.

scholarly journals Understanding Pasifika Educational Aspirations and Conceptions of Development in Wainuiomata

2021 ◽  
Author(s):  
◽  
Holly McLeod
Keyword(s):  
Educational Aspirations ◽  
Methodological Approach ◽  
Educational Experiences ◽  
Alternative Conceptions ◽  
Local Context ◽  
Structured Interviews ◽  
Academic Context ◽  
Education And Development ◽  
Time And Energy ◽  
The Way

<p>Education is good for development. This positive relationship between education and development is often stated without challenge, resulting in education being posited at the forefront of global development strategies. Yet, within the subject of Development Studies, postdevelopment theorists have questioned the very basis of ‘development’, not only its definition but also the inherent assumption that it is necessarily desirable and positive. Instead, they point to examples such as Buen Vivir and argue that we should explore different ways of conceptualising what is a good life.  The present research has sought to examine the way the Pasifika community in Wainuiomata, Aotearoa perceives and engages with education to fulfil its own vision of development. Some 30 research participants contributed their valuable time and energy to this project through semi-structured interviews, offering insight into their own educational experiences and aspirations. Through employing a methodological approach informed by the ethos of talanoa and participatory research, this research has privileged the narratives of participants, giving voice to their experiences within an academic context.  This research has identified that while the experiences of these families within Aotearoa’s education system have been frustrating and challenging, such adversity has not served to disenfranchise Pasifika families from engaging within this educational system. Rather, it has served as motivation to create better educational experiences for youth in this community today. Furthermore, the vision of development aspired toward by this community is one that draws both similarities and contrasts with mainstream conceptions of development. The existence of alternative conceptions of development supports post-development’s call for development practise to examine local context and community aspirations, and to value community knowledge and action. In examining the way this community has engaged with education to progress their own vision of development, it was found that Pasifika families in Wainuiomata are taking ownership of their own development, and are actively involved in creating better educational outcomes for their youth.</p>

scholarly journals THE ROLE OF RATIONALITY PHILOSOPHY IN LEGAL STUDIES (PART I)

2019 ◽  
Vol 23 (1) ◽  
pp. 48-61
Author(s):  
Valeriy P Ivanskiy ◽  
Sergey I Kovalev
Keyword(s):  
Point Of View ◽  
Legal Knowledge ◽  
Scientific Rationality ◽  
Clear Trend ◽  
Legal Studies ◽  
Legal Science ◽  
Analysis And Synthesis ◽  
Legal Thinking ◽  
Legal Rationality

The relevance of the article, which consists of two parts, is that the various theories of rationality presented only in philosophical works are considered. Meanwhile, it should be noted that in recent decades in scientific works on jurisprudence there is a clear trend of borrowing such terms from philosophy as «classical», «non-classical» or «post-non-classical» science in the description of a concept of law. Nevertheless, in legal studies there is still no concept of rationality, the criteria for its classification, allowing to describe the diversity of manifestations of legal reality. The purpose of the study is: 1) to find new non-classical foundations for the development of legal knowledge; 2) to substantiate the point of view that the category of "scientific rationality" and its typology used in philosophy, it is necessary to introduce into scientific use of legal science, which will push the boundaries of knowledge of legal reality; 3) to describe the features of understanding of the term "scientific rationality" in law in the context of its classification into the following two groups: classical and neoclassical (post-classical), as well as non-classical and post-classical. In the process of studying the philosophy of rationality in legal studies used a diverse set of methodological tools: 1) General philosophical methods (dialectical and idealistic); 2) General scientific methods - analysis and synthesis, deduction and induction, analogy, comparison; 3) and private (special) - logical, comparative-legal, formal-legal, normative-dogmatic; 4) method of interpretation, including the method of problem-theoretical reconstruction. The main results of achieving the goal of the study were proposals on: 1) introduction of the concept of "types and models of legal rationality" into the scientific circulation of jurisprudence; 2) classification of legal rationality into classical and non - classical types and corresponding models-neoclassical (post-classical) and post-non-classical. It should be noted that the post-classical and post-non-classical styles of legal thinking are evolved versions, respectively, of the classical and non-classical types of legal rationality. The basis for the classification of types of scientific rationality in legal science was the anthropological factor-consciousness homo juridicus and methodological tools with which legal consciousness is known. The novelty of the study is that the above classification of epistemological paradigms allows us to look at the law as a multilevel reality, which is simultaneously inherent in the two mechanisms of its Constitution - external and internal. Moreover, the presented criteria-based classification of legal rationality is the basis for the development of legal knowledge.

scholarly journals Daredevil as Legal Emblem

2020 ◽  
Vol 2 (2) ◽  
pp. 198-226
Author(s):  
Timothy D Peters
Keyword(s):  
Political Theology ◽  
Legal Scholarship ◽  
Legal Studies ◽  
The Way

This article draws together two trajectories of legal scholarship: the turn to the visual in legal studies and the emergence of the subfield of law and comics, or ‘graphic justice’. It does this via an analysis of superhero comics as fitting within a particular genealogy of the ius imaginum, or law of images. This is not to argue simply that superhero comics are dominated by narratives of law, justice and legality—they are—but rather that the very theatrical figure of the superhero and its encompassing of a dual persona is a presentation of a particular political theology of the image. The article analyses the way in which this political theology is rendered visible in Charles Soule’s Daredevil: Back in Black, highlighting the image of the superhero and its connection to both sovereignty and the biopolitics of personhood.

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