scholarly journals Emilio Betti: from the history of law to the general theory of interpretation

Author(s):  
Iuliia Rossius

The goal of this article consists in demonstration of the impact of research in the field of history and theory of law alongside the hermeneutics of Emilio Betti impacted the vector of this philosophical thought. The subject of this article is the lectures read by Emilio Betti (prolusioni) in 1927 and 1948, as well as his writings of 1949 and 1962. Analysis is conducted on the succession of Betti's ideas in these works, which is traced despite the discrepancy in their theme (legal and philosophical). The author indicates “legal” origin of the canons of Bettis’ hermeneutics, namely the canon of autonomy of the object. Emphasis is placed on the problem of objectivity in Betti's theory, as well as on dialectical tension between the historicity of the interpreted subject and strangeness of the object that accompanies legal, as well as any other type of interpretation. The article reveals the key moment of Betti's criticism of Hans-Georg Gadamer. Regarding the question of historicity of the subject of interpretation. The conclusion is made that the origin of the general theory of interpretation lies in the approaches and methods developed and implemented by Betti back in legal hermeneutics and in studying history of law.   Betti's philosophical theory was significantly affected by the idea on the role of modern legal dogma in interpretation of the history of law. Namely this idea that contains the principle of historicity of the subject of interpretation, which commenced  the general hermeneutical theory of Emilio Betti, was realized in canon of the relevance of understanding in the lecture in 1948, and later in the “general theory of interpretation”. The author also underlines that the question of objectivity of understanding, which has crucial practical importance in legal hermeneutics, was transmitted into the philosophical works of E. Betti, finding reflection in dialectic of the subject and object of interpretation.

Author(s):  
Aleksei Yur'evich Lysenkov ◽  
Liliya Faatovna Lysenkova

The subject of this research is the graphic heritage of the prominent Venetian master of the XVIII century Giovanni Battista Piranesi. The goal consists in examination of the role of Piranesi’s heritage in history of art and architecture. The author demonstrates the key milestones of his creative path, reveals the fundamental conceptual questions and themes of his graphic compositions. The defining influence of the depicted architectural compositions of Piranesi on the formation of one or another architectural object is viewed on the particular historical examples. The main research method consists in drawing parallels and designation of continuity of architectural ideas between the works of Giovanni Battista Piranesi and such architects successors as Joseph Paxton, Antonio Sant'Elia, Tony Garnier, Pietro di Gottardo Gonzaga, Ivan Leonidov, etc. The scientific novelty and practical importance of the article lies in tracing the trajectory of influence of the ideas, themes and architectural-spatial solutions of the great aquafortist upon his contemporaries and all following generations of architects. Particular historical examples demonstrate the defining influence of the depicted architectural compositions of Piranesi on the formation of one or another architectural object, as well as the emergence of famous conceptual architectural projects (including projects-utopias) in historical retrospective until the present time.


2019 ◽  
Vol 01 (02) ◽  
pp. 1950003
Author(s):  
Janko Šćepanović

The Six Day War was one of the most defining moments in the history of the Modern Middle East. This paper seeks to add to the existing scholarship on the subject by going beyond the structural explanation. It gives special attention to the role of unit-level variables like perception, personality, and political psychology of decision-makers. As one scholar noted, threats are not perceived in a vacuum, and are, instead, products of complex synthesis of subjective appraisal of events by the decision-makers. The focus will be on the beliefs and perceptions of the most impactful actor in this crisis: Egyptian President Nasser. As will be argued, his decision-making was shaped by his experience with foreign imperialism, a general misconception of super power intentions, an incorrect analogy between two crucial crisis situations with Israel: the February 1960 Rotem Crisis, and the build-up to the June War in 1967, and especially his complicated relations with the US leaders.


1950 ◽  
Vol 3 (1) ◽  
pp. 72-87
Author(s):  
Janet Besse ◽  
Harold D. Lasswell

Opinion differs about the role of syndicated columnists in the forming of national opinion and in the decision-making process in the United States. Our columnists have been the subject of pioneering studies, but we have a long way to go before the picture can be called historically complete, scientifically precise, or fully satisfactory for policy-making purposes. What the columnists say is an important chapter in the history of the American public, and history is most useful for critical purposes when written close to the event. The general theory of communication and politics can be refined as the details of the opinion process are more fully known.


2011 ◽  
Vol 19 (4) ◽  
pp. 509-525 ◽  
Author(s):  
Paul Dietschy

This article argues that the question of national perspectives is a fundamental problem in the writing of European sports history. It does so by demonstrating that France has an equal pedigree, in terms of diffusion and exceptionalism, as Britain, and pleads for a less skewed approach to the history of the subject in general. The article shows, first, that France contributed significantly to the internationalization of sport in the nineteenth and early twentieth centuries, with French networks facilitating the spread of sports across the globe. It considers the impact of French universalism on the institutional structures of world sport and assesses the importance of sport to governmental diplomacy. Second, it proposes that France occupies a special place in the history of European sport, halfway between that of the British on the one hand and other continental sporting cultures on the other. It discusses the role of central and regional administrations in the creation of a sports space that is distinctly marked by a lack of football hegemony. French sport, the article concludes, is characterized by a peculiar mix of anglomanie, invented traditions, internationalism, state interventionism and eclecticism.


2009 ◽  
Vol 42 (3) ◽  
pp. 472-482 ◽  
Author(s):  
Margit Cohn

It is my pleasure to contribute to the workshop on Mark Tushnet's manuscript. Good literature is sometimes identified by its ability to elicit responses on different levels. While reading Tushnet's compelling manuscript, my thoughts about the validity of the historical analysis were supplemented by immediate comparisons to the much shorter history of the rise of “rightspeak” in Israel. Then there were some thoughts about the possible links between this manuscript and Tushnet's earlier works and between this manuscript and other studies of the subject. Finally, I found myself linking and comparing Tushnet's implicit normative arguments with my own views on the role of courts in liberal democracy.


2021 ◽  
Vol 72 (2) ◽  
pp. 173-197
Author(s):  
Maria Zmierczak

The article presents a historical analysis of the content of one subject offered since 1956 to the Polish students of law, namely the “History of political and legal doctrines.” Until the 1989 this subject was treated as an introduction and presentation of only false, non-scientific ideas, confronted with the only true Marxist theory of law and state. After 1990 the subject called “Political and legal doctrines” or “Political and legal ideas” was steadily developing, it gave the broad knowledge of different political ideas like liberalism, conservatism, socialism as well as knowledge of different understanding of law, beginning with natural law, positivism and so on. At the same time the subject was depreciated and treated as a second rank, the score for students steadily diminished or the subject became non-obligatory. The article describes the long discussion of researchers and academic teachers of “Political and legal doctrines” at the faculties of law, focusing on the content of subject, the scope of coursebooks, the methodology of research and the methods of teaching. But the most important argument is, that “political and legal doctrines” became actually – together with history of law – almost the only subject, giving the students understanding and knowledge about the connection between philosophy, social science and law. The vast horizons seem necessary for lawyers, if they don’t want to be excessive positivist and dogmatic practitioners of statutes. The knowledge of different doctrines should allow them in future to have critical and broaden attitude to statutes. The conclusion is, that without the studying of “Political and legal doctrines” the studies of law change into simple dogmatic legal training.


e-Finanse ◽  
2018 ◽  
Vol 14 (4) ◽  
pp. 67-76
Author(s):  
Piotr Bartkiewicz

AbstractThe article presents the results of the review of the empirical literature regarding the impact of quantitative easing (QE) on emerging markets (EMs). The subject is of interest to policymakers and researchers due to the increasingly larger role of EMs in the world economy and the large-scale capital flows occurring after 2009. The review is conducted in a systematic manner and takes into consideration different methodological choices, samples and measurement issues. The paper puts the summarized results in the context of transmission channels identified in the literature. There are few distinct methodological approaches present in the literature. While there is a consensus regarding the direction of the impact of QE on EMs, its size and durability have not yet been assessed with sufficient precision. In addition, there are clear gaps in the empirical findings, not least related to relative underrepresentation of the CEE region (in particular, Poland).


2011 ◽  
Vol 2 (2) ◽  
pp. 69-112
Author(s):  
Pierre Legendre

"Der Beitrag reevaluiert die «dogmatische Funktion», eine soziale Funktion, die mit biologischer und kultureller Reproduktion und folglich der Reproduktion des industriellen Systems zusammenhängt. Indem sie sich auf der Grenze zwischen Anthropologie und Rechtsgeschichte des Westens situiert, nimmt die Studie die psychoanalytische Frage nach der Rolle des Rechts im Verhalten des modernen Menschen erneut in den Blick. </br></br>This article reappraises the dogmatic function, a social function related to biological and cultural reproduction and consequently to the reproduction of the industrial system itself. On the borderline of anthropology and of the history of law – applied to the West – this study takes a new look at the question raised by psychoanalysis concerning the role of law in modern human behaviour. "


2019 ◽  
Author(s):  
Daryl Brian O'Connor

Suicide is a global health issue accounting for at least 800,000 deaths per annum. Numerous models have been proposed that differ in their emphasis on the role of psychological, social, psychiatric and neurobiological factors in explaining suicide risk. Central to many models is a stress-diathesis component which states that suicidal behavior is the result of an interaction between acutely stressful events and a susceptibility to suicidal behavior (a diathesis). This article presents an overview of studies that demonstrate that stress and dysregulated hypothalamic-pituitary-adrenal (HPA) axis activity, as measured by cortisol levels, are important additional risk factors for suicide. Evidence for other putative stress-related suicide risk factors including childhood trauma, impaired executive function, impulsivity and disrupted sleep are considered together with the impact of family history of suicide, perinatal and epigenetic influences on suicide risk.


Author(s):  
Fred L. Borch

Explores the role of the Dutch in the Indies from 1595, when sailors from Amsterdam first arrived in the islands, to 1942, when the Japanese invaded the colony and inflicted a devastating defeat upon the Dutch. The history of the Dutch in the Indonesian archipelago is critical to understanding the impact of the Japanese occupation after 1942, and the nature of the war crimes committed by the Japanese. This is because the ultimate goal of the Japanese occupiers was to erase all aspects of Dutch culture and influence the islands. The chapter begins with an examination of the early Dutch settlement of the islands, and the development of the colonial economy. It then discusses the so-called “Ethical Policy,” which sought to unify the islands under Dutch rule and implement European ideas about civilization, culture, and prosperity. The chapter looks at the colony’s social structure prior to World War II and closes with a discussion of the colony’s preparations for war with the Japanese in 1942. A short postscript explains what occurred between August 1945, when the Japanese surrendered, and December 1949, when the Netherlands East Indies ceased to exist.


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