scholarly journals Criticism of language and analysis of law. A pragmatics of normativity and social (de)ontology

2021 ◽  
Vol 16 (1) ◽  
Author(s):  
Enrico Arona
Keyword(s):  
Global Justice ◽  
Legal Theory ◽  
Ordinary Language ◽  
Methodological Challenge ◽  
Political Equality ◽  
Critical Function ◽  
Legal Realism ◽  
Political Theories ◽  
Epistemic Conception

One important methodological challenge to normative disciplines like political or legal theory is if the method in question is purely descriptive or can be used to justify norms. Secondly, trying to incorporate ordinary language in the analysis of political concepts, this part utilizes arguments employed in the global justice debate. So, I will divide the paper into three parts: 1. Is the feasibility interpreted as a requirement of normative political theories? Firstly, I clarify the relation between experience and normativity; then I take a look at how the proto-normative and normative structures gained from experience become norms with a “critical” function. Finally, I will (re-)consider the normative feasibility criteria suggested by Hahn and by Räikkä. 2. After building a connection between the epistemic conception of criticism and the conception of politics within Kantian work, I first present Michelle Kosch’s Fichte, but then criticizing Fichte’s argument. Then, as Dworkin’s account of participation in coercion is challenged, I briefly elaborate on a roughly Dworkinian account of political equality. Lastly, I want to look into the relation between technical and ordinary definitions for political concepts, using elements taken by semantic and pragmatic old models, using populism as a case study. 3. In the concluding appendix, the connections between law and linguistic analysis of normative sentences will be examined, under the perspective of the Genoa Legal Realism.

Acceptable Inequalities

1977 ◽  
Vol 7 (3) ◽  
pp. 321-336 ◽  
Author(s):  
Jane J. Mansbridge
Keyword(s):  
Political Equality

The immodest purpose of this essay is to analyze the traditional arguments for political equality, and, with the help of a case study, to determine when these arguments apply and when they do not.

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.

scholarly journals The Conflict between the Principles of the National Identity of Member States and Values of European Union Such as Rule of Law, Respect for Human Rights and Liberal Democracy – Case Study of Hungary

2020 ◽  
Vol 20 (2) ◽  
pp. 159-173
Author(s):  
Kumush Suyunova
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Executive Power ◽  
Political Equality ◽  
Member States ◽  
Checks And Balances ◽  
Independent Judiciary ◽  
European Values ◽  
The Eu

Summary Human rights are indivisible. The EU holds resolute tone against the challenges of universal human rights. As an adequate method of governance the EU acknowledges the rule of law that encompasses transparent and reliable legal system, an independent judiciary, prevention of arbitrary executive power; legal egalitarianism and respect for rights and freedoms of individuals. The concept of democracy determines the values behind the governance of a country. Thus, the EU’s vision of democracy comprises several principles: political equality, representative and participative democracy, which include fair elections, separation of power, effective checks and balances. However, despite the EU’s efforts to promote human rights, rule of law and democracy, some member States are still lagging behind the overall positive achievement. Hungary, who pick up illiberal democracy over established European values, has become the focus of attention.

Toward Premodern Globalism: Oceanic Exemplarity in Chaucer's Man of Law's Tale

PMLA ◽  
2020 ◽  
Vol 135 (2) ◽  
pp. 254-271 ◽  
Author(s):  
Jamie K. Taylor
Keyword(s):  
Middle Ages ◽  
Global Justice ◽  
Narrative Form ◽  
Witness Testimony

This essay reads Chaucer's Man of Law's Tale—a retelling of the popular Constance exemplum—as a case study for thinking about a global Middle Ages. The tale's globalism emerges most pointedly in its depiction of the ocean and, more surprisingly, in Constance's pale face during her trial for a murder she did not commit. By reading these unlikely images together, this essay argues that both operate as oceanic sites of exemplary justice and that the Man of Law frames the Constance story as a call for global justice outside the reach of territorial law. Chaucer imagines a legality that works like exemplarity, conceptualizing witness testimony in particular as a fluid narrative form that can accommodate the needs and expectations of various audiences, cultures, and temporalities. (JKT)

Cybersecurity Risks and Automated Maritime Container Terminals in the Age of 4IR

2018 ◽  
pp. 497-516
Author(s):  
Peter Beaumont
Keyword(s):  
Industrial Revolution ◽  
Social Consequences ◽  
Control Measures ◽  
Container Terminals ◽  
Industrial Control System ◽  
Industrial Control ◽  
Critical Function ◽  
Major Threat ◽  
Use Of Technology

This chapter presents a case study of automated maritime container terminals (CTs). It has the aim of demonstrating that the risks derived from the use of technology associated with the Fourth Industrial Revolution (4IR) are both real and dangerous. The work explains the critical function of CTs in the global supply chain and outlines the economic and social consequences that could result if their operations were to be disrupted. The motivations of a range of threat-actors are presented, and it is established that there are feasible scenarios in which any one of the major threat-actor categories may wish to cause disruption at CTs. The vulnerabilities of yard cranes are investigated, and it is concluded that there are likely to be exploitable vulnerabilities in the industrial control system (ICS) networks used on these cranes. The chapter argues that many CT operations are likely to be exposed to significant cyber-based risks and that this exposure will increase with the roll-out of further 4IR technologies unless appropriate control measures are implemented.

Part II Approaches, Ch.16 Realist Approaches to International Law

2016 ◽  
Author(s):  
Jütersonke Oliver
Keyword(s):  
International Law ◽  
Legal Theory ◽  
Political Realism ◽  
Legal Realism ◽  
Realist Approach ◽  
Intellectual Heritage ◽  
Argumentative Strategy ◽  
Realist Position ◽  
External Position ◽  
Argumentative Structure

This chapter outlines some of the linkages between a genuinely legal realist approach to (international) law and jurisprudence, and the claims of political realists about the role and status of law in the international sphere. It explores realism as an argumentative strategy, in considering what an argumentative structure would look like in international legal thought. The second part of the chapter then examines the intellectual heritage of what has explicitly been labelled ‘legal realism’, in both its American and Scandinavian versions, in order to find a place for a legal realist position within the canon of legal theory. Finally, the chapter seeks to relate the views of political realism about international law to the ways in which international lawyers themselves have sought to include an external position about the reality of international law into their own theories and doctrines.

An improving approach for failure mode and effect analysis under uncertainty environment: A case study of critical function component

2020 ◽  
Vol 36 (6) ◽  
pp. 2119-2145 ◽  
Author(s):  
Guangquan Huang ◽  
Liming Xiao ◽  
Wei Zhang ◽  
Jian Li ◽  
Genbao Zhang ◽  
...  
Keyword(s):  
Failure Mode ◽  
Critical Function ◽  
Effect Analysis ◽  
Uncertainty Environment

Social Theory and National Culture: The Case of British and American Absolute Idealism, 1860–1900

1981 ◽  
Vol 5 (3) ◽  
pp. 251-274
Author(s):  
David Watson
Keyword(s):  
National Culture ◽  
Social Theory ◽  
Leading Edge ◽  
The United States ◽  
Cultural Analysis ◽  
Late Nineteenth Century ◽  
Absolute Idealism ◽  
Political Theories ◽  
History Of

In this essay, taking as a case study the comparative history of the two groups that gave absolute idealism a leading edge in late nineteenth-century intellectual debate in the United States and Great Britain, I attempt to make a contribution to the recent trend toward the use of sophisticated or “difficult” ideas in comparative analysis (see Moore, 1979). My intentions are twofold: (1) to assist in the clarification of how “social theory” is developed, and (2) to provide an outline of how such comparative cultural analysis can be achieved. After a preliminary discussion of the concept of “social theory” and the component parts into which it can be separated, I proceed to identify the two groups in question, locate their philosophical schemes in the development of contemporary thought, and finally, attempt to demonstrate the value of the approach in an analysis of one aspect of their specifically social and political theories.

Corporate governance during financial distress – an empirical analysis

2016 ◽  
Vol 58 (5) ◽  
pp. 486-506 ◽  
Author(s):  
Marjan Marandi Parkinson
Keyword(s):  
Corporate Governance ◽  
Empirical Research ◽  
Financial Distress ◽  
Legal Theory ◽  
Case Study Research ◽  
Theory And Practice ◽  
Positive Contribution ◽  
Content Type ◽  
Financially Distressed

Purpose The traditional form of legal research with its predominant emphasis on doctrinal and theoretical analysis is now increasingly augmented by empirical research that seeks to document actions and decisions and draw broader conclusions. This relatively new research tradition is arguably making a positive contribution to legal theory and practice, particularly in the USA [for a general discussion see SJ Lubben, “Do Empricial Bankruptcy Studies Matter?” (2012) 20 ABI L Rev 715]. The paper aims to report on the use of empirical research to examine corporate governance in the context of financially distressed UK public companies. Design/methodology/approach The paper uses statutory corporate filings and mandatory stock exchange reports to document the process of informal debt resolution prior to the company’s entry into administration or Company Voluntary Arrangement. The findings are presented in an innovative way as a series of case studies focusing on process, participants and outcomes of informal debt resolution. Findings The paper concludes that it is possible to use case study research as a means to explore corporate governance in the context of financially distressed companies. Although such an approach is challenging in various ways, there are some advantages that complement more traditional research approaches. The findings show how directors’ attention shifts away from shareholders’ interests to those of creditors at times of financial distress and challenges conventional models of governance that stress shareholder value. Originality/value The distinctive features of the research are the development of a case-study based approach that draws on publicly available data sources, a process based analysis and a synthesis of corporate governance and law.

scholarly journals Mapping Legal Theory

1994 ◽  
Vol 32 ◽  
pp. 602 ◽  
Author(s):  
Richard F. Devlin
Keyword(s):  
First Nations ◽  
Natural Law ◽  
Legal Theory ◽  
Legal Positivism ◽  
Legal Realism ◽  
Canadian Charter ◽  
Social Existence ◽  
Legal Studies ◽  
Recent Trends

In this essay, the author briefly outlines recent trends in Canadian jurisprudence. Beginning with a brief overview of the classical jurisprudential debate between natural lawyers, legal positivists, and legal realists, the author then provides an introduction to a new theoretical tradition which he terms "Artifactualism", as well as a survey of contemporary "Artifactualist Jurisprudence". He argues that there has been a significant theoretical shift away from the classical conceptualization of law as morality (as embodied in natural law, and challenged by legal positivism and legal realism), toward the conceptualization of law as politics (as promulgated by artifactualism). This new conceptualization of law as the "terrain of struggle over the meaning and quality of social existence" has informed the works of Artifactualist jurisprudents in the areas of Liberalism, Marxism, Feminism, First Nations and Critical Legal Studies, and serves to elucidate some of the tensions in the Canadian Charter of Rights and Freedoms.

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