Comment on Oppenheim: In Defence of “The Natural Law Thesis”

1957 ◽  
Vol 51 (1) ◽  
pp. 54-64 ◽  
Author(s):  
Harry V. Jaffa
Keyword(s):  
Natural Law ◽  
Intrinsic Value ◽  
Value Judgments ◽  
Value Judgment ◽  
The Core ◽  
A Value ◽  
The Law ◽  
Theory Of Value ◽  
State Of Affairs

The core of Oppenheim's attack on what he calls the natural law thesis is the contention that it rests upon an incorrect epistemology:To subscribe to the natural law thesis is to adhere to the epistemological theory of value-cognitivism. Value-cognitivism claims that there exist intrinsic value-judgments which are cognitively true or false, regardless of the speaker's or listener's intrinsic value-commitments.In contrast to this view is the epistemological theory of value non-cognitivism, which tells us thatValue-words do not designate objects, and it is misleading to use nouns such as “Justice” and “Goodness.” … A value-expression in an intrinsic value-judgment refers to a relation which holds between an evaluating subject and some object or event or state of affairs which he values intrinsically, whether positively or negatively.I take the foregoing to mean that, to predicate just or good of a law or of a man does not tell us anything about the law or man, but rather describes an attitude toward the law or man. Justice, as a noun, is misleading, because justice is not a “thing” or a “this”; it is not a substance but an attribute; not a real noun, but an hypostatized adjective, a quality of evaluating subjects, never of the objects of which the subjects themselves always predicate it.

RESEARCH METHODS FOR STUDYING EVALUATION: ACADEMIC DISCOURSE PERSPECTIVE

2021 ◽  
pp. 105-115
Author(s):  
А.А. Водяницкая
Keyword(s):  
Academic Discourse ◽  
Point Of View ◽  
Value Judgments ◽  
Value Judgment ◽  
Innovative Methods ◽  
A Value ◽  
Close Relationship ◽  
The Individual ◽  
Traditional Approaches ◽  
Relationship Of

Постановка задачи. Работа посвящена изучению традиционных подходов к исследованию оценочных значений и инновационных методов их изучения. Задача исследования заключается в анализе методов изучения оценки, которые можно было бы применить при выявлении оценочной специфики академического дискурса. Результаты. Как показало исследование, оценочные значения, оценка привлекают внимание исследователей различных областей знания, различных дискурсов. По-прежнему открыт вопрос разграничения эмоции, экспрессии и оценки. Тесная связь оценки с ценностями индивида, выносящего оценочное суждение, предполагает возможность ее изучения с позиций аксиологии, тогда как взаимосвязь с психологией позволяет подходить к оценке с точки зрения психологии (например, оценочные стили). Выводы. Комбинация традиционных и инновационных методов позволит выявить онтологические свойства оценки в академическом дискурсе. Речь идет о вербализованных оценочных суждениях, выносимых различными участниками академического дискурса. Вопросы оценочной категоризации, разграничение эмоции и оценки, оценочных стилей участников академического дискурса, привлечение корпуса текстов как источника материала и как инструмента познания представляются релевантными аспектами при изучении оценочной составляющей академического дискурса. Вместе с тем не все методы исследования оценки можно одинаково успешно использовать при изучении оценочной составляющей академического дискурса. Например, метод триады, предложенный Ж. Мартином, который на данном этапе исследован применительно к изучению устного академического дискурса в его специфическом проявлении - в драматическом тексте. Как представляется, данный метод требует более детальной разработки применительно к нехудожественной, повседневной, речи академического дискурса. Problem statement. The paper focuses on the study of traditional approaches evaluations and innovative methods of their study. The objective of the research. is to analyze the methods of studying evaluation that could be applied in identifying the evaluative specifics of academic discourse. Results. The research has revealed that evaluative meanings attract the attention of researchers in various fields of knowledge, various discourses. The question of differentiating emotion, expressive language means and evaluation is still open. The close relationship of assessment with the values of the individual making a value judgment suggests the possibility of studying it from the standpoint of axiology, while the relationship with psychology allows one to approach assessment from the point of view of psychology (for example, evaluative styles). Conclusion. The combination of traditional and innovative methods will reveal the ontological properties of assessment in academic discourse. We are talking about verbalized value judgments made by various participants in academic discourse. Issues of evaluative categorization, differentiation of emotion and evaluation, evaluative styles of participants in academic discourse, corpus-based analysis seem to be relevant aspects in the study of the evaluative component of academic discourse.

Insight in psychosis: Standards, science, ethics and value judgment

2017 ◽  
Vol 63 (4) ◽  
pp. 345-351 ◽  
Author(s):  
KS Jacob
Keyword(s):  
Mental Illness ◽  
Clinical Assessment ◽  
Explanatory Models ◽  
Value Judgments ◽  
Value Judgment ◽  
Discussion Article ◽  
Complete Exclusion ◽  
Over Time

Background: The clinical assessment of insight solely employs biomedical perspectives and criteria to the complete exclusion of context and culture and to the disregard of values and value judgments. Aim: The aim of this discussion article is to examine recent research from India on insight and explanatory models in psychosis and re-examine the framework of assessment, diagnosis and management of insight and explanatory models. Methods: Recent research from India on insight in psychosis and explanatory models is reviewed. Results: Recent research, which has used longitudinal data and adjusted for pretreatment variables, suggests that insight and explanatory models of illness at baseline do not predict course, outcome and treatment response in schizophrenia, which seem to be dependent on the severity and quality of the psychosis. It supports the view that people with psychosis simultaneously hold multiple and contradictory explanatory models of illness, which change over time and with the trajectory of the illness. It suggests that insight, like all explanatory models, is a narrative of the person’s reality and a coping strategy to handle with the varied impact of the illness. Conclusion: This article argues that the assessment of insight necessarily involves value entailments, commitments and consequences. It supports a need for a broad-based approach to assess awareness, attribution and action related to mental illness and to acknowledge the role of values and value judgment in the evaluation of insight in psychosis.

The Imprint of Herder's Linguistic Theory on His Early Prose Style

PMLA ◽  
1961 ◽  
Vol 76 (5) ◽  
pp. 512-518
Author(s):  
Eric A. Blackall
Keyword(s):  
Early Stage ◽  
Aesthetic Judgment ◽  
Linguistic Theory ◽  
Value Judgment ◽  
A Value ◽  
Prose Style ◽  
Specific Description

Herder's whole attitude to language develops quite coherently out of one single remark. This is the description, early in the Fragmente, of primitive language as “sinnlich.” As a qualification this would hardly have ranked high amongst aesthetic criteria at the time. Indeed it is doubtful whether, when here first enunciated by Herder, it was meant to imply praise or even approval. Having just said: “Bei den Gegenständen fürs Auge muste die Geberdung noch sehr zu Hülfe kommen, um sich verständlich zu machen,” Herder goes on to say of this early stage of language “und ihr ganzes Wörterbuch war noch sinnlich.” The wording of this statement is significant. “Die Geberdung muste noch sehr zu Hülfe kommen … ihr ganzes Wörterbuch war noch sinnlich”—in these two noch's there is the suggestion of imperfection. This is not surprising. Adelung suggests that sinnlich, meaning “based on unclear perceptions” is opposed to vernünftig meaning “based on clear perception.” Sinnlich, for him, implied therefore a certain degree of imperfection. It has been suggested that Herder was merely echoing G. F. Meier's rendering of Baumgarten's term sensitivus meaning “pertaining to the faculties of sensation.” Poetry, according to Baumgarten, was “oratio perfecta sensitiva.” And this is how Herder's apparently neutral description turns almost imperceptibly into a value-judgment; for it soon becomes apparent that he considers poetry not only as the earliest, but as the highest form of literature. A historical statement has therefore turned into an aesthetic judgment. Perfection is rather an ambiguous quality. Of the progress of language towards perfection, Herder says: “desto vollkommener wird sie [language] zwar, aber desto mehr verliert die wahre Poesie” (i, 154). Sinnlichkeit connotes immediacy. Adelung admitted that it was “in dieser unmittelbaren Empfindung äusserer Gegenstände … gegründet.” It depends whether one considers this an advantage. Adelung did not. Herder did. “Die stärksten Machtwörter, die reichste Fruchtbarkeit, kühne Inversionen, einfache Partikeln, der klingendste Rhythmus, die stärkste Declamation—alles belebte sie [language], um ihr einen sinnlichen Nachdruck zu geben, um sie zur Poetischen zu erheben” (i, 157). Sinnlichkeit gives emphasis; it elevates language to poetry. Note the means which Herder enumerates. For this is the most specific description of his ideal in language which we are to get for some time.

Legal positivism

2018 ◽  
Author(s):  
Mario Jori
Keyword(s):  
The State ◽  
Legal Positivism ◽  
Legal Systems ◽  
Value Judgments ◽  
Legal Decisions ◽  
Positive Law ◽  
A Value ◽  
The Law ◽  
Definition Of ◽  
Conceptual Confusion

Legal positivism is the approach in the philosophy of law which treats ‘positive law’ – law laid down in human societies through human decisions – as a distinct phenomenon, susceptible of analysis and description independently of morality, divine law or mere natural reality. It shares with philosophical positivism the aim of dealing in facts, but these are facts about legality and legal systems. Insistence on the distinctness of positive law has been integral to the ‘rule of law ideal’ because of the aim of clear law applied by neutral legal officials. However, debates about positivism have been marred by a degree of conceptual confusion: positivism often appears to mean something different to its supporters and to its enemies, and many attacks are launched against straw men. Consequently, much depends on the definition of legal positivism that is used. Attempts have been made to put some order into the discussion. Consider, for instance, H.L.A. Hart’s list of meanings of legal positivism (which cumulatively count as features of positivism): (1) law as human commands; (2) absence of any necessary connection between law and morals; (3) the study of law as meaning, as distinct from sociology, history and evaluation; (4) the contention that a legal system is a closed system, sufficient in itself to justify legal decisions; (5) non-cognitivism in ethics (Hart 1958). Norberto Bobbio’s list is shorter and more orderly, but at first sight not too different (Bobbio 1960): legal positivism has been conceived as: (1) a neutral, scientific approach to law; (2) a set of theories depicting the law as the product of the modern state, claiming that the law is a set of positive rules of human origin, and ultimately amounting to a set of statutes, collected in legal systems or orders; (3) an ideology of law that gives a value to positive law as such, implying that it should always be obeyed. However, in this list, unlike Hart’s, the ‘meanings’ cannot be added together, the first and last being incompatible. The connection between the three points is as follows: for positivists the theories of Bobbio’s second point (law is made up of rules produced by the state) yield a scientific and value-free approach to law; for the adversaries of legal positivism they yield only ideology, that is hidden value judgments in favour of the power of the State. The shortest way to understand what is at issue in these abstract discussions is to proceed by contrasting legal positivism with its main critics’ approach to law. It is noteworthy that on this point legal realists and natural law theorists, although starting from different and even opposite points of view, agree in concluding that legal positivism is an ideological, covertly evaluative, thesis.

scholarly journals Una metodología basada en números difusos para la evaluación de criterios evaluables mediante un juicio de valor =A methodology based on fuzzy numbers for the evaluation of evaluable criteria through a value judgment

2017 ◽  
Vol 3 (2) ◽  
pp. 49
Author(s):  
José Luis Fuentes Bargues ◽  
Mª Carmen González Cruz ◽  
Laura Ruíz Álvarez ◽  
Rafael Ernesto Prieto-Gómez
Keyword(s):  
Fuzzy Logic ◽  
Public Administration ◽  
Fuzzy Numbers ◽  
Mathematical Reasoning ◽  
Value Judgments ◽  
Value Judgment ◽  
A Value ◽  
Value Judgements ◽  
Subjective Bias ◽  
The Individual

ResumenLa adjudicación de un contrato por parte de una administración pública depende de criterios de adjudicación evaluables mediante fórmulas y de criterios evaluables mediante juicios de valor. Los primeros disponen de fórmulas definidas mientras que los segundos siempre tienen un sesgo subjetivo porque dependen del técnico que realiza la valoración. Con objeto de minimizar las consecuencias de las arbitrariedades o incertidumbres en la evaluación de los criterios evaluables mediante un juicio de valor se puede recurrir a la lógica difusa. La lógica difusa, borrosa o fuzzy es el razonamiento matemático que permite calcular de forma exacta las magnitudes correspondientes a conceptos vagos o situaciones poco previsibles para poder tener control sobre ellas. El objetivo del presente trabajo es desarrollar una metodología que permita a los órganos de contratación la evaluación de los criterios evaluables mediante un juicio de valor mediante la utilización de la lógica difusa.AbstractThe award of a contract by a public administration depends on criteria assessed by formulae and criteria assessed by value judgements. For the former, various predetermined formulae can be employed while for the criteria assessed by value judgements will always contain some subjective bias by the individual who performs the evaluation. In order to minimize the consequences of the arbitrariness or uncertainties in the evaluation of criteria assessed by value judgments is possible to use the fuzzy logic. Diffuse, fuzzy or fuzzy logic is the mathematical reasoning that allows to calculate accurately the magnitudes corresponding to vague concepts or situations that are not very predictable to have control over them. The objective of this paper is to show a methodology which permits to the contracting authority to evaluate the criteria assessed by value judgments through fuzzy numbers.

Music, aesthetics of

2018 ◽  
Author(s):  
Jerrold Levinson
Keyword(s):  
Historical Context ◽  
Cultural Tradition ◽  
Value Judgments ◽  
Value Judgment ◽  
Sound Structure ◽  
Music Aesthetics ◽  
The World ◽  
Expression Of Emotions ◽  
Musical Context

The aesthetics of music comprises philosophical reflection on the origin, nature, power, purpose, creation, performance, reception, meaning and value of music. Some of its problems are general problems of aesthetics posed in a musical context; for example, what is the ontological status of the work of art in music, or what are the grounds of value judgments in music? Other problems are more or less peculiar to music, lacking a clear parallel in other arts; for example, what is the nature of the motion perceived in music, or how can the marriage of music and words best be understood? Attempts to define the concept of music generally begin with the fact that music involves sound, but also posit such things as cultural tradition, the fulfilment of a composer’s aims or the expression of emotions as essential features of music. Perhaps any plausible concept, though, has to involve the making of sounds by people for aesthetic appreciation, broadly conceived. In deciding what is meant by a musical work, further considerations come into play, such as might lead to the identification of it with a sound structure as defined by a given composer in a particular musico-historical context. In what sense can a piece of music be said to have meaning? Some hold it has meaning only internally – in its structure as an arrangement of melodies, harmonies, rhythms and timbres, for instance – while others have claimed that its meaning lies in the communication of things not essentially musical – such as emotions, attitudes or the deeper nature of the world. The most popular of these beliefs is that music expresses emotion. This is not to say, however, that the emotion expressed in a work is necessarily experienced by those involved in its composition or performance: composers can create peaceful or furious music without themselves being in those states, and the same goes for the performance of such music by performers. Also, the emotions evoked in listeners seem of a different nature from those directly experienced: negative emotions expressed in music do not preclude the audience’s appreciation, and in fact commonly facilitate it. Ultimately, a work’s expressiveness should be seen as something directly related to the experience of listening to that work. Music is often said to have value primarily in so far as it is beautiful, its beauty being whatever affords pleasure to the listener. But the quality of a work’s expressiveness, its depth, richness and subtlety, for example, also seems to form an important part of any value judgment we make about the work.

Values in Health and Illness

2017 ◽  
Author(s):  
Robert M. Veatch ◽  
Amy Haddad ◽  
E. J. Last
Keyword(s):  
Dental Pain ◽  
Short Term ◽  
Value Judgments ◽  
Value Judgment ◽  
Over The Counter ◽  
A Value ◽  
Health And Illness ◽  
Prescription Refill ◽  
Term Basis ◽  
Diet Pills

Chapter 2 is devoted to identifying value judgments in pharmacy and separating ethical from other evaluations. It first focuses on separating questions of fact from value judgments, focusing on a pair of cases. One involves a woman contemplating use of over-the-counter diet pills, which the pharmacist recognized as containing herbs that might lead to weight loss but could also present significant side effects. Among the claims, the pharmacist discovers a number of value judgments—that the drug should be used on a short-term basis, that certain effects are “bad,” and that it is bad to weigh more than a specified norm. The second case involves the treatment of dental pain and the question of whether pain is a fact or a value judgment. The second half of the chapter distinguishes between ethical and nonethical value judgments. It takes up a case of a patient needing a prescription refill when the prescribing physician is unavailable to authorize it.

scholarly journals Civil Judge in Uganda: Remuneration Systems and Promotion Possibilities. How to Reward Efficient and Independent Decisions

2019 ◽  
Vol 6 (1) ◽  
pp. 13-29
Author(s):  
Asiimwe Jackline-Bainipai
Keyword(s):  
Legal System ◽  
High Standard ◽  
Substantial Impact ◽  
The Core ◽  
System A ◽  
Independent Judiciary ◽  
Legal Provisions ◽  
Form Part ◽  
The Law ◽  
State Of Affairs

This piece of work is discusses the systems of remuneration of judges and promotion possibilities as well as rewarding efficient and independent decisions in Uganda. The research finds that whereas these three form part and parcel of the core of an independent judiciary, and whereas there are adequate legal provisions, the enforceability is lacking due to the fact that there are high levels of interference by the executive in the function of the judiciary. The remuneration, reward of an efficient judge are largely dependent on paying allegiance to the executive and deciding cases in appeasement of the executive. Yet, the remuneration, promotion and reward are supposed to be on merit. They should also be established by law and not subject to arbitrary interference from the executive. This study has revealed how the executive has substantial impact on remuneration, promotion and reward of efficient judges. Judges that decide cases according to the law irrespective of the interests of the executive are sidelined in the promotions, remunerations and reward. The study makes relevant conclusions and recommendations. “The remuneration of the judges is not sufficient to induce the ablest lawyers in the prime of life to accept judicial office. If that state of affairs is allowed to continue it must have serious effect upon the administration of the law. It will impair those intellectual standards which have made our English legal system a great legal system; it will tend to impair that law abiding instinct which is the condition precedent for the maintenance of a high standard of civilization, and it will weaken the chief remaining guarantee for the prosecution of the liberties of that subject.”1 With reflection on the above statement on remuneration, this piece of work discusses remuneration systems and promotion possibilities and how to reward efficient and independent judges from the Ugandan perspective.

scholarly journals Neutralidad de las descripciones y compromiso del investigador

2020 ◽  
Author(s):  
Juan Jiménez-Albornoz
Keyword(s):  
Value Judgments ◽  
Value Judgment ◽  
The Real ◽  
A Value ◽  
The Difference

The distinction between facts judgments and value judgments is the basis, at the same time, of both the neutrality of descriptions and the inherent commitment of the researcher, without devaluing the validity of value judgments. It is relevant to acknowledge the difference between what grounds a fact judgment from what grounds a value judgment. What is invalid -as fact judgment and as value judgment- is the attempt to generate neutral recommendations only from facts, the technocratic idea of an intervention that do not involves commitment. There is no such thing as a neutral action, and the real of neutrality is reduce only to description

Evaluation of the Properties of Humus Liquid of Earthworm Eisenia Foetida Obtained from Different Rachis

2017 ◽  
Vol 3 (02) ◽  
Author(s):  
Ramiro Remigio Gaibor Fernández ◽  
Abraham Adalberto Bayas Zamora ◽  
Galo Israel Muñoz Sánchez ◽  
Cristhian Adrián Rivas Santacruz
Keyword(s):  
Plant Growth ◽  
Fulvic Acids ◽  
Cattle Manure ◽  
Eisenia Foetida ◽  
Humic And Fulvic Acids ◽  
Livestock Manure ◽  
A Value ◽  
The One ◽  
Liquid Slurry

The objective of the present investigation was to evaluate the physical characteristics of the vermicompost and the quality of the purine of the red Californian (Eisenia foetida) using different substrates of feed for these worms. For this purpose, nine treatments were studied: 75% African palm rachis + 25% cattle manure, 50% African palm rachis + 50% cattle manure, 25% African palm rachis + 75% livestock manure, 50% manure of cattle, 50% of manure of cattle, 25% of manure of cattle, 50% of manure of cattle, 50% of manure of cattle, 50% of rach of coconut + 50% of manure of Livestock, 25% coccus rachis + 75% livestock manure. The substrate made up of 50% of rachis of coconut and 50% of livestock manure can be used in nurseries or nurseries for being the one that registered a value of pH 7.3 plus the closest to the neutral compared to the others, besides this (75% of oil palm rachis and 25% of cattle manure) showed a higher content of humic and fulvic acids (0.87 and 0.45 p / p, respectively), compounds that are important for agriculture by stimulating plant growth, in addition to this reflection 0.06% sulfur content, 4.0 ppm boron, 7.0 ppm copper, 47.5 ppm iron, 6.0 ppm manganese, with a presence of microorganisms of the species Trichoderma, Penicillium, Cladosporium sp. in amounts of 1.91x105 UFC / ml, however in this substrate was obtained between 13.3 and 43.5% less liquid slurry in Comparison with other treatments.

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