scholarly journals Normative Disagreements and Choice of Legal Concepts .

Author(s):  
MAXIM A. BELYAEV

The paper provides a commentary on the theses of the German jurist Lorenz Kähler on the formation of legal concepts. The author eliminates truth-characterization of normative judgments because there are no justification for these judgments. However, if we consider normative judgments as one of the factors in the choice of legal concepts in the formation of a legal text, then the subjects who find themselves in a situation of disagreement on any of the concepts should refer to the normative facts (values, reasons, and obligations). Therefore, by allowing this type of disagreement, we implicitly accept normative realism as true. The author did not indicate what a normative anti-realist should refer to in controversial situations. Since Lorenz Kähler himself is anti-realistic about normative facts, his position is either contradictory or not good elaborated for understanding.

2018 ◽  
Vol 48 (3-4) ◽  
pp. 425-446
Author(s):  
Derek Shiller

AbstractThis paper offers a noncognitivist characterization of moral attitudes, according to which moral attitudes count as such because of their inclusion of moral concepts. Moral concepts are distinguished by their contribution to the functional roles of some of the attitudes in which they can occur. They have no particular functional role in other attitudes, and should instead be viewed as evolutionary spandrels. In order to make the counter-intuitive implications of the view more palatable, the paper ends with an account of the evolution of normative judgments as exaptations of the cognitive structures that underlie beliefs.


2017 ◽  
Vol 47 (6) ◽  
pp. 877-897 ◽  
Author(s):  
T. M. Scanlon

AbstractIn response to comments on my book, Being Realistic about Reasons, by Justin Clarke-Doane, David Enoch and Tristram McPherson, and Gideon Rosen, I try to clarify my domain-based view of ontology, my understanding of the epistemology of normative judgments, and my interpretation of the phenomenon of supervenience.


2017 ◽  
Vol 15 (29) ◽  
pp. 125
Author(s):  
Christian Schenderra

A lack of consent about legal terms and concepts is not just a communication problem, but may also be viewed as a problem of the definition of legal terms and concepts.This paper starts by discussing several reader text models, and goes on to introducing the concept of the open text. This concept helps to analyse contexts in which, apart from texts, the definitions of legal concepts and terms (for example “legal text”, “ legal lan-guage” or “legal comprehensibility”) are generated during complex, dynamic and ideally democratic interactions. A unilateral act of definition does not only assign certain mean-ings, rules of interpretation, or authorisation of executive action to legal terms, but also ademocratic assumptions about political participation. In this constellation, individuals will always be subjected to the intentions of others, namely those who exert all power, influence and control over the very definition of legal key terms and concepts.


2019 ◽  
pp. 113-128
Author(s):  
Robert C. Stalnaker

A defense of a version of Allan Gibbard’s expressivist analysis of normative judgments, focusing on his account of what he calls “normative logic.” The version defended interprets his analysis in a way that is significantly different from his own interpretation, which ties expressivism to a deflationary notion of truth. It is argued that Gibbard’s general account blurs the line between expressivism and normative realism, and that a more robust notion of truth that draws a sharper line can be defended, and can be reconciled with his normative logic. The chapter concludes by considering the application of this expressivist account to epistemic norms, and more specifically to norms for assessing degrees of belief and measures of degree of confirmation.


Author(s):  
B. L. Soloff ◽  
T. A. Rado

Mycobacteriophage R1 was originally isolated from a lysogenic culture of M. butyricum. The virus was propagated on a leucine-requiring derivative of M. smegmatis, 607 leu−, isolated by nitrosoguanidine mutagenesis of typestrain ATCC 607. Growth was accomplished in a minimal medium containing glycerol and glucose as carbon source and enriched by the addition of 80 μg/ ml L-leucine. Bacteria in early logarithmic growth phase were infected with virus at a multiplicity of 5, and incubated with aeration for 8 hours. The partially lysed suspension was diluted 1:10 in growth medium and incubated for a further 8 hours. This permitted stationary phase cells to re-enter logarithmic growth and resulted in complete lysis of the culture.


Author(s):  
A.R. Pelton ◽  
A.F. Marshall ◽  
Y.S. Lee

Amorphous materials are of current interest due to their desirable mechanical, electrical and magnetic properties. Furthermore, crystallizing amorphous alloys provides an avenue for discerning sequential and competitive phases thus allowing access to otherwise inaccessible crystalline structures. Previous studies have shown the benefits of using AEM to determine crystal structures and compositions of partially crystallized alloys. The present paper will discuss the AEM characterization of crystallized Cu-Ti and Ni-Ti amorphous films.Cu60Ti40: The amorphous alloy Cu60Ti40, when continuously heated, forms a simple intermediate, macrocrystalline phase which then transforms to the ordered, equilibrium Cu3Ti2 phase. However, contrary to what one would expect from kinetic considerations, isothermal annealing below the isochronal crystallization temperature results in direct nucleation and growth of Cu3Ti2 from the amorphous matrix.


Author(s):  
B. H. Kear ◽  
J. M. Oblak

A nickel-base superalloy is essentially a Ni/Cr solid solution hardened by additions of Al (Ti, Nb, etc.) to precipitate a coherent, ordered phase. In most commercial alloy systems, e.g. B-1900, IN-100 and Mar-M200, the stable precipitate is Ni3 (Al,Ti) γ′, with an LI2structure. In A lloy 901 the normal precipitate is metastable Nis Ti3 γ′ ; the stable phase is a hexagonal Do2 4 structure. In Alloy 718 the strengthening precipitate is metastable γ″, which has a body-centered tetragonal D022 structure.Precipitate MorphologyIn most systems the ordered γ′ phase forms by a continuous precipitation re-action, which gives rise to a uniform intragranular dispersion of precipitate particles. For zero γ/γ′ misfit, the γ′ precipitates assume a spheroidal.


Author(s):  
R. E. Herfert

Studies of the nature of a surface, either metallic or nonmetallic, in the past, have been limited to the instrumentation available for these measurements. In the past, optical microscopy, replica transmission electron microscopy, electron or X-ray diffraction and optical or X-ray spectroscopy have provided the means of surface characterization. Actually, some of these techniques are not purely surface; the depth of penetration may be a few thousands of an inch. Within the last five years, instrumentation has been made available which now makes it practical for use to study the outer few 100A of layers and characterize it completely from a chemical, physical, and crystallographic standpoint. The scanning electron microscope (SEM) provides a means of viewing the surface of a material in situ to magnifications as high as 250,000X.


Author(s):  
D. F. Blake ◽  
L. F. Allard ◽  
D. R. Peacor

Echinodermata is a phylum of marine invertebrates which has been extant since Cambrian time (c.a. 500 m.y. before the present). Modern examples of echinoderms include sea urchins, sea stars, and sea lilies (crinoids). The endoskeletons of echinoderms are composed of plates or ossicles (Fig. 1) which are with few exceptions, porous, single crystals of high-magnesian calcite. Despite their single crystal nature, fracture surfaces do not exhibit the near-perfect {10.4} cleavage characteristic of inorganic calcite. This paradoxical mix of biogenic and inorganic features has prompted much recent work on echinoderm skeletal crystallography. Furthermore, fossil echinoderm hard parts comprise a volumetrically significant portion of some marine limestones sequences. The ultrastructural and microchemical characterization of modern skeletal material should lend insight into: 1). The nature of the biogenic processes involved, for example, the relationship of Mg heterogeneity to morphological and structural features in modern echinoderm material, and 2). The nature of the diagenetic changes undergone by their ancient, fossilized counterparts. In this study, high resolution TEM (HRTEM), high voltage TEM (HVTEM), and STEM microanalysis are used to characterize tha ultrastructural and microchemical composition of skeletal elements of the modern crinoid Neocrinus blakei.


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